[Congressional Record Volume 152, Number 124 (Thursday, September 28, 2006)]
[Extensions of Remarks]
[Page E1891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    MILITARY COMMISSIONS ACT OF 2006

                                 ______
                                 

                               speech of

                         HON. JERRY F. COSTELLO

                              of illinois

                    in the house of representatives

                     Wednesday, September 27, 2006

  Mr. COSTELLO. Mr. Speaker; I rise today to oppose H.R. 6166, the 
Military Commission Act. I do so because I believe that America must 
maintain its status as a moral leader on the issue of the humane 
treatment of prisoners. It is important to our success in the war on 
terrorism, and it is critical to protecting our own soldiers. By 
lowering our moral standards in how we treat prisoners of war, we 
encourage other countries to do the same. This is not a good precedent, 
and we should reject this legislation.
  While much debate and discussion concerning H.R. 6166 has revolved 
around military commissions and the use of secret evidence, this 
legislation also contains a provision that would strip Federal courts 
of their authority to review the detentions of almost all terrorism 
suspects. Specifically, the provision would bar foreigners held 
overseas from using the Federal trial courts for challenges to 
detention known as habeas corpus lawsuits. By eliminating this 
constitutional right, anyone deemed an ``unlawful enemy combatant'' 
could be held indefinitely, without recourse.
  No one disputes whether or not legislation is needed. To date, not 
one detainee held has been tried or convicted of a crime. We need a 
framework to efficiently prosecute and convict those guilty of 
terrorist acts against the United States. However, this process must 
meet certain legal standards for fairness that form the moral basis of 
our country, which is what our troops are ultimately fighting to 
protect. Many times during this debate it has been said that since our 
enemies in this war do not respect any code of conduct, than we do not 
need to either. I do not agree with this sentiment. America must stand 
for a higher ideal.
  While I believe the war on terror has brought with it the need for 
specialized rules and procedures, we must not forget the basic notion 
of due process. We, as Congress, should uphold our obligations under 
the Geneva Conventions, ensure expedited convictions for terrorists, 
and protect our service men and women, and I do not believe this 
legislation meets these goals.
  Mr. Speaker, I oppose this legislation and ask my colleagues to do 
the same.

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