[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9422-S9423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRYING TERRORISTS IN OUR COURTS
Mr. DURBIN. Mr. President, it has come to my attention that there was
a significant decision by a criminal court in Seattle. The decision, as
I understand it, was made this week, and it involved a U.S. district
judge, John C. Coughenour. I hope I have pronounced his name correctly.
Judge Coughenour was tasked with an awesome responsibility--the
prosecution of Ahmed Ressam, who had been accused of terrorist acts
against the United States.
The case was rather straightforward. The man had plotted to bomb the
Los Angeles Airport on the eve of the celebration of our millennium. It
was in imposing the sentence that Judge Coughenour said some things
which are worth repeating. He called into question some conclusions
that many people have reached about our system of justice and really
reminded us of our legacy in terms of constitutional responsibility in
this country.
I ask unanimous consent that the judge's entire statement at the
sentencing hearing be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Judge's Statement
U.S. District Judge John C. Coughenour made a statement
during Wednesday's sentencing hearing for Ahmed Ressam.
``Okay. Let me say a few things. First of all, it will come
as no surprise to anybody that this sentencing is one that I
have struggled with a great deal, more than any other
sentencing that I've had in the 24 years I've been on the
bench.
``I've done my very best to arrive at a period of
confinement that appropriately recognizes the severity of the
intended offense, but also recognizes the practicalities of
the parties' positions before trial and the cooperation of
Mr. Ressam, even though it did terminate prematurely.
``The message I would hope to convey in today's sentencing
is twofold:
``First, that we have the resolve in this country to deal
with the subject of terrorism and people who engage in it
should be prepared to sacrifice a major portion of their life
in confinement.
``Secondly, though, I would like to convey the message that
our system works. We did not need to use a secret military
tribunal, or detain the defendant indefinitely as an enemy
combatant, or deny him the right to counsel, or invoke any
proceedings beyond those guaranteed by or contrary to the
United States Constitution.
``I would suggest that the message to the world from
today's sentencing is that our courts have not abandoned our
commitment to the ideals that set our nation apart. We can
deal with the threats to our national security without
denying the accused fundamental constitutional protections.
``Despite the fact that Mr. Ressam is not an American
citizen and despite the fact that he entered this country
intent upon killing American citizens, he received an
effective, vigorous defense, and the opportunity to have his
guilt or innocence determined by a jury of 12 ordinary
citizens.
``Most importantly, all of this occurred in the sunlight of
a public trial. There were no secret proceedings, no
indefinite detention, no denial of counsel.
``The tragedy of September 11th shook our sense of security
and made us realize that we, too, are vulnerable to acts of
terrorism.
``Unfortunately, some believe that this threat renders our
Constitution obsolete. This is a Constitution for which men
and women have died and continue to die and which has made us
a model among nations. If that view is allowed to prevail,
the terrorists will have won.
``It is my sworn duty, and as long as there is breath in my
body I'll perform it, to support and defend the Constitution
of the United States. We will be in recess.''
Mr. DURBIN. Let me read a few things from this statement that I think
are so significant. The judge said at the sentencing hearing for Ahmed
Ressam, an alleged terrorist now prosecuted and convicted, the
following:
Okay. Let me say a few things. First of all, it will come
as no surprise to anybody that this sentencing is one that I
have struggled with a great deal, more than any other
sentencing that I've had in the 24 years I've been on the
bench.
The judge went on to say:
I've done my very best to arrive at a period of confinement
that appropriately recognizes the severity of the intended
offense, but also recognizes the practicalities of the
parties' positions before trial and the cooperation of
[[Page S9423]]
Mr. Ressam, even though it did terminate prematurely.
The judge said:
The message I would hope to convey in today's sentencing is
two-fold: First, that we have the resolve in this country to
deal with the subject of terrorism and people who engage in
it should be prepared to sacrifice a major portion of their
life in confinement.
Secondly, though, I would like to convey the message that
our system works. We did not need to use a secret military
tribunal, or detain the defendant indefinitely as an enemy
combatant, or deny him the right to counsel, or invoke any
proceedings beyond those guaranteed by or contrary to the
United States Constitution.
The judge said:
I would suggest that the message to the world from today's
sentencing is that our courts have not abandoned our
commitment to the ideals that set our nation apart. We can
deal with threats to our national security without denying
the accused fundamental constitutional protections.
Despite the fact that Mr. Ressam is not an American citizen
and despite the fact that he entered this country intent upon
killing American citizens, he received an effective, vigorous
defense, and the opportunity to have his guilt or innocence
determined by a jury of 12 ordinary citizens.
Most importantly, all of this occurred in the sunlight of a
public trial. There were no secret proceedings, no indefinite
detention, no denial of counsel.
The tragedy of September 11th shook our sense of security
and made us realize that we, too, are vulnerable to acts of
terrorism. Unfortunately, some believe that this threat
renders our Constitution obsolete. This is a Constitution for
which men and women have died and continue to die and which
has made us a model among nations. If that view is allowed to
prevail, the terrorists will have won.
It is my sworn duty, and as long as there is breath in my
body I'll perform it, to support and defend the Constitution
of the United States.
That is the end of the statement by Judge Coughenour. This judge was
appointed by a Republican President. He clearly speaks to
constitutional principles which know no party bounds.
All of us, Republicans and Democrats, swear to uphold that same
Constitution in our service to the Senate and our service to this
Government. It is clear that in some cases the open and public trial
which this accused, Ahmed Ressam, received in Seattle could never occur
because of concerns over classified information, over concerns of
security for individuals. But it is very clear that in this case
extraordinary efforts were made to make certain that we said to the
world, this man can be tried in open court, judged by a jury of 12
ordinary citizens and his guilt determined according to a system bound
by the Constitution we have sworn to uphold.
I am humbled by the wisdom of this simple statement from this Federal
judge. I hope it serves as a reminder to all that we must seek not only
security in this time of peril, but we must seek it in a way that never
imperils our basic freedoms in America.
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