[Congressional Record Volume 148, Number 34 (Thursday, March 21, 2002)]
[Extensions of Remarks]
[Pages E421-E422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE MILITARY TRIBUNAL AUTHORIZATION ACT OF 2002

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. KUCINICH. Mr. Speaker, I rise as an original cosponsor of the 
Military Tribunal Authorization Act of 2002, introduced today by 
Representative Conyers. This legislation is the companion bill to one 
introduced earlier by Senator Leahy.
  On November 13, 2001, President Bush issued a military order enabling 
the President to order military tribunals for suspected terrorists, 
bypassing the American criminal justice system, its rules of evidence 
and its constitutional guarantees. The order directs the Secretary of 
Defense to issue regulations detailing how the tribunals will be 
conducted. As of today, these regulations have not been released.
  Shortly after the announcement of the military order I sent a letter 
to the President, along with thirty-nine other Members, expressing our 
opposition to the use of military tribunals and its violation of 
Constitutional rights. Article 1, Section 8 of the United States 
Constitution, gives Congress both the power ``To declare War'' as well 
as the power ``To define and punish . . . Offenses against the Law of 
Nations.'' Unfortunately, Congress has not been consulted in this 
unilateral establishment of the tribunals. We urge the Secretary of 
Defense to use this legislation as a guide in promulgating regulations 
on military tribunals. If the President is determined to go forward 
with the tribunals this legislation will ensure that constitutional and 
civil rights are protected.
  First, the bill defines who may be tried by military tribunal. Only 
non-United States citizens who assisted in the September 11 attacks, 
found outside of the United States and who are not prisoners of war can 
face trial in a military tribunal.
  Next, the bill lays out the procedural requirements to ensure a 
``full and fair'' hearing against the accused. For example, the accused 
must have a right to independent counsel, the ability to cross-examine 
witnesses and the right to obtain exculpatory evidence from the 
prosecution. Defendants must be presumed innocent until proven guilty 
and that guilt must be determined beyond a reasonable doubt. Defendants 
will also be afforded the right to appeal to the U.S. Court of Appeals 
for the Armed Forces.
  I would like to point out that these procedures in no way provide 
special protections to suspected terrorists. Rather these rules are 
drawn from sources of international law and the Military Rules of 
Evidence. For years the State Department has strongly opposed the use 
of secret courts in countries such as Russia, China, Egypt and Peru. 
Last summer China held secret trials of U.S.-based scholars on 
espionage charges. One of the scholars was a U.S. citizen and another 
two were U.S.

[[Page E422]]

permanent residents. We demanded full due process for Americans charged 
with a crime in a foreign country and we should not set a different 
standard for non-citizens.
  The legislation also provides regulations for the detainment of 
suspects and the conditions of detainment. For example, detainees must 
be provided with the basic necessities such as adequate food, water and 
medical attention. In addition, it also allows the free exercise of 
religion.
  Lastly, the legislation requires all proceedings to be made public 
unless it is determined that closed proceedings are necessary for the 
safety of involved parties including witnesses or judges. This openness 
will prove to all Americans and to the world that we have respect for 
basic Constitutional rights. The horrible events of September 11 should 
not cause us to reject the American system of justice.

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