[Congressional Record Volume 152, Number 108 (Wednesday, September 6, 2006)]
[Senate]
[Pages S9060-S9061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRIST (for himself, Mr. McConnell, and Mr. Inhofe):
  S. 3861. A bill to facilitate bringing to justice terrorists and 
other unlawful enemy combatants through full and fair trials by 
military commissions, and for other purposes; read the first time.
  Mr. FRIST. In 5 days we will observe the fifth anniversary of the 
most vicious act of terror ever perpetrated on American soil. Nearly 
3,000 fellow Americans lost their lives on September 11.
  We have worked tirelessly to make America safer from terrorist 
attacks and to honor the sacrifices of the victims of 9/11 and their 
families. But the fact remains that we still have more to do.
  That is why Senator McConnell and I are proud to introduce 
legislation on behalf of the President to bring terrorists to justice. 
The bill authorizes military commissions to prosecute terrorist 
detainees and addresses the concerns raised by the Supreme Court in the 
Hamdan decision.
  Today, we are a nation at war. Our enemies are terrorists who do not 
value democracy, freedom, or innocent life.
  When we capture them on the battlefield, we have a right to prosecute 
them for war crimes. And we must establish a system that protects our 
national security while ensuring a full and fair trial for the 
detainees.
  That is why it is imperative that we quickly move forward on this 
bill. By formally establishing military commissions to prosecute 
terrorist detainees, we are creating another tool in the war on 
terror--and providing a measure of justice to the victims of 9/11.
  Under these commissions, terrorist detainees will get a fair trial. 
They will be tried before impartial military judges. They will have the 
right to be presumed innocent until proven guilty, the right to 
counsel, the right to present exculpatory evidence, the right to 
exclude evidence obtained through torture or coercion, and the right to 
appeal.
  However, these procedures also recognize that because we are at war, 
we should not try terrorist detainees in the same way as our uniformed 
military or common civilian criminals. The procedures take great care 
to protect our national security interests by preventing disclosure of 
classified information to the detainees themselves.
  I urge my colleagues to review this bill carefully. I will consult 
Chairman Warner and the Armed Services Committee members to ensure the 
Senate moves expeditiously to meet its responsibility to the American 
people.
  I hope we can move forward in a spirit of bipartisanship even though 
we are in the middle of a partisan election season. And I hope we can 
remain focused on the goal of making America safer and continuing to 
honor the victims of 9/11.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S9061]]

  (The bill will be printed in a future edition of the Record.)

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