[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Extensions of Remarks]
[Page E1907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    MILITARY COMMISSIONS ACT OF 2006

                                 ______
                                 

                               speech of

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                     Wednesday, September 27, 2006

  Mrs. MALONEY. Mr. Speaker, I rise today in opposition to H.R. 6166, 
the Military Commissions Act of 2006.
  Rather than allow a full and open debate on this important issue, the 
Majority has decided that 2 hours is sufficient and prohibited any 
amendments from being offered during consideration on the Floor.
  We all are committed to bringing the masterminds of the 9/11 attack 
and other terrorist plots to justice. However, I have strong concerns 
about several provisions of the bill before us today. First, by 
allowing the President to interpret Geneva Conventions requirements, 
H.R. 6166 would endanger American soldiers who for 60 years have been 
protected by those very provisions. Under this bill, the President 
could determine what methods constitute torture rather than banning 
torture outright. This loophole could leave our soldiers vulnerable to 
the same reinterpretations should they be taken as prisoners.
  Second, the bill prevents detainees from filing habeas corpus suits 
challenging their detentions in court. The indefinite detention of 
individuals who have been designated as enemy combatants without 
judicial recourse is very likely unconstitutional and rejects the long 
American commitment to the rule of law.
  Finally, rather than use the existing appellate military system, H.R. 
6166 creates a new and untested Court of Military Commission Review 
that would handle appeals of military commission determinations.
  Amendments offered by Democratic members to address these three 
concerns were denied by the Republicans, and so the House today will 
debate a bill that raises serious constitutional issues. This is a 
shame.
  I urge my colleagues to oppose H.R. 6166.

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