Rep. Nadler Attends Arguments in Boumediene v. Bush

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties today attended the oral argument in Boumediene v. Bush.  Through that case, the Supreme Court will determine key issues regarding the President’s ability to detain individuals without charge.

“This case raises serious questions about the power of the Executive – a power that has been excessively and unnecessarily expanded by this White House,” said Rep. Nadler.  “I am hopeful that the Court will be guided by the rule of law in deciding whether detainees will have meaningful access to the courts to challenge their imprisonment.  Our Constitution and our freedoms are most in need of protection during times of national crisis.  We must restore the checks and balances so fundamental to preserving the liberties that define us as a nation.”

In Boumediene, the Supreme Court will revisit the question as to whether the government may hold individuals in Guantanamo Bay without charge, and without access to the courts -- access traditionally obtained through a writ of habeas corpus -- solely on the President’s designation of that individual as an “enemy combatant.”

Earlier this year, Rep. Nadler, along with Rep. Jane Harman (D-CA), Chair of the Homeland Security Subcommittee on Intelligence introduced two bills correcting problematic parts of the Military Commissions Act related to habeas corpus. The bills are House companion legislation to the Restoring the Constitution Act of 2007, introduced by Sen. Chris Dodd (D-CT), and the Habeas Corpus Restoration Act of 2007, introduced by Sen. Arlen Specter (R-PA).

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 detainees designated by the President as “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.

“President Bush has claimed almost tyrannical authority that is not befitting of our great democracy,” Rep. Nadler added.  “The terrorists must be brought to justice, but we must not abandon that system of justice in the process.  The bills I have introduced will help bring reason back to our detention policies, and would restore our nation’s fundamental values of fairness and the rule of law.”