[Congressional Record Volume 147, Number 173 (Thursday, December 13, 2001)]
[Extensions of Remarks]
[Pages E2284-E2285]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             INTRODUCTION OF MILITARY TRIBUNALS LEGISLATION

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                            HON. JANE HARMAN

                                of utah

                    in the house of representatives

                      Wednesday, December 12, 2001

  Ms. HARMAN. Mr. Speaker, Today my colleague Zoe Lofgren and I are 
introducing legislation to authorize the President to use military 
tribunals to try foreign terrorists captured abroad.
  Today's Washington Post details the likelihood that up to 10,000 
Taliban fighters and others could be detained in Afghanistan as a 
conclusion to the military campaign there. The Administration's 
intention is to interview those who could provide information, and to 
prosecute the senior leadership--possibly by using several military 
tribunals set up pursuant to the President's November 13 military 
order.
  This is a good strategy, and I support it.
  But to execute that strategy consistent with Constitutional 
requirements, the use of those tribunals needs specific authorization 
from Congress.
  Our bill provides that authorization and, we believe, important 
limitations on the use of military tribunals consistent with the 
Administration's intent.
  We hope the Administration will embrace our concepts, and that 
members of Congress on a bipartisan basis will join us. As attorneys, 
we believe our bill represents mainstream legal doctrine.
  First, we authorize military tribunals to try foreign nationals in 
venues like military bases or aircraft carriers outside the United 
States. Our federal courts and courts martial operated pursuant to the 
Uniform Code of Military Justice are capable of trying U.S. citizens, 
legal residents, and others within the United States. In this regard, 
we applaud yesterday's news that Zacarias Moussaoui has been indicted 
and will be tried in Federal Court on conspiracy charges.
  Second, our bill ties those who are tried by military tribunals to 
actions specifically enumerated by Congress in the Joint Resolution

[[Page E2285]]

authorizing the use of force following September 11.
  Third, we include the same sunset clause contained in the PATRIOT 
Act: December 31, 2005.
  Fourth, we make clear that habeas corpus is not waived. Article 1, 
Section 9 of the Constitution requires action by Congress to suspend 
this right: a President cannot waive it by military order.
  Congressional action will contribute to public and international 
acceptance of the use of military tribunals by making sure they are 
done right.
  In our nation's history, military tribunals have had an important 
place in our prosecution of war criminals, but always in conjunction 
with Congressional action. Our legislation ensures the right balance 
between protecting our Constitutional principles and taking strong 
action against terrorists, and I urge all of my colleagues to support 
it.

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