Nadler Statement on Military Judge’s Dismissal of Charges Against Guantanamo Detainee

WASHINGTON, D.C. – Congressman Jerrold Nadler (D-NY), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today said a decision by a U.S. Military Judge to dismiss the charges in the case of Omar Khadr further shows the need for changes to the Military Commissions Act. Khadr, a Canadian national, was 15 years old when he was captured. In response to the decision, Rep. Nadler issued the following statement:

"It’s been clear from the start that these Military Commissions, and the legislation that ‘legitimized’ them, were destined for failure. In their attempt to create a new system to bring terrorists to justice, the Bush Administration may have undermined our very ability to do just that. The Military Commissions Act is riddled with problems and created a process that operates outside the rule of law – it has crippled our ability to deal with the real criminals still being held at Guantanamo. Indeed, there are already sound, legal ways to deal with terrorism cases, ways that have a strong foundation in established law.

"In the coming weeks, I plan to hold hearings on the Military Commissions Act in the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties. As today’s ruling has shown, the system is flawed. We must reconsider the act and establish a system that ensures that the nation is protected, justice is served and liberty preserved."

Rep. Nadler has introduced, along with Congresswoman Jane Harman (D-CA), Chair of the Homeland Security Subcommittee on Intelligence, two bills that would correct the problematic parts of the Military Commissions Act. 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 Senators Patrick Leahy (D-VT) and Arlen Specter (R-PA), the Chairman and Ranking Member, respectively, of the Senate Judiciary Committee.

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