Nadler Chairs Oversight Hearing on Habeas Corpus, Detentions at Guantanamo Bay

Second in "The Constitution in Crisis: The State of Civil Liberties in America" Series

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today held an oversight hearing to examine recent actions and proposals that undermine the time-honored right of habeas corpus and the detentions at Guantanamo Bay. The hearing is the second in a series titled "The Constitution in Crisis: The State of Civil Liberties in America."

"We all agree that terrorist must be brought to justice – but we must not abandon the very system of justice we’re protecting in the process," said Rep. Nadler. "Yet President Bush has claimed tyrannical authority not seen in an English-speaking country since the Magna Carta was adopted almost 800 years ago. It is a testament to the audacity and disrespect this President has for the rule of law."

Rep. Nadler has introduced the Habeas Corpus Restoration Act of 2007 and the Restoring the Constitution Act of 2007.The Habeas Corpus Restoration Act would undo current provisions that stripped federal courts of jurisdiction to consider applications for writs of habeas corpus filed by so-called "unlawful enemy combatants." This bill would also restore some of our obligations under the Geneva Conventions. The Restoring the Constitution Act would go further to ensure that innocent people are afforded due process. It narrows the definition of "unlawful enemy combatant" to those who directly participate in hostilities against the U.S. or who aided in the September 11th attacks. The bill prohibits the use by military commissions of evidence obtained through coercion and sharply limits evidence gathered from hearsay. It would also fix the law so that cruel, inhuman and degrading treatment and the denial of trial rights would, again, be punishable under the War Crimes Act.

"Today’s hearing is a necessary step to ensure that we focus our efforts on terrorists," Rep. Nadler added. "We must stand for American values and provide real security. We must restore the checks and balances so fundamental to preserving the liberties that define us as a nation."

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