[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Extensions of Remarks]
[Page E1926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        MILITARY COMMISSIONS ACT

                                 ______
                                 

                               speech of

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                     Wednesday, September 27, 2006

  Mr. MOORE of Kansas. Mr. Speaker, I rise today to share my views on 
H.R. 6166, the Military Commissions Act. In the aftermath of the 
terrorist attacks of September 11, the Bush Administration established 
new procedures for war crime tribunals for terrorist suspects held at 
Guantanamo Bay, Cuba. The United States Supreme Court ruled 5-3 on June 
29, 2006, that President Bush's military order in the detention and 
treatment of the Guantanamo Bay detainees exceeded his authority. 
Though the court did not dispute the President's authority to hold the 
petitioner as an ``enemy combatant for the duration of hostilities,'' 
it found that military tribunals convened to try detainees did not 
comply with the Uniform Code of Military Justice of the law of war, as 
embodied by Common Article 3 of the Geneva Conventions.
  Because of the unique nature of the War on Terror, no current system 
exists for bringing detainees to trial, many of whom are individuals 
believed to have committed a serious crime and who may seek to further 
their cause through the murder of innocent civilians. It is important 
that the United States establish a judicial process for dealing with 
illegal enemy combatants and allow for the continued interrogation of 
detainees while following basic international agreements on humane 
treatment. H.R. 6166 accomplishes this. This legislation provides a 
framework through which we can bring enemy combatants to justice 
through an open military commission system that affords substantial due 
process. It represents a comprehensive approach to try accused war 
criminals while recognizing the unique national security situation the 
United States faces in the War on Terror. The commission system created 
by H.R. 6166 takes into account the concerns of the Supreme Court, as 
well as the input of intelligence officers and military lawyers in all 
branches of the armed services.
  Prior to casting my vote for H.R. 6166, I voted for the Motion to 
Recommit, offered by Representative Ike Skelton of Missouri, which 
would provide expedited judicial review of the statute's 
constitutionality and require the reauthorization of the legislation in 
three years. Specifically, the provision would provide for expedited 
review of a civil action challenging the bill's legality. A three-judge 
panel in the D.C. District Court would hear the action and the Supreme 
Court would review a judgment or order of the panel. Additionally, by 
requiring a reauthorization in 3 years, we give Congress the ability to 
carefully review how this statute is working in the real world. 
Unfortunately, the Skelton Motion to Recommit failed by a vote of 195-
228.

  While H.R. 6166 is certainly not perfect, it is a step in the right 
direction. It is essential that our government has the necessary 
intelligence to prevent future terrorist attacks on our Nation and our 
allies. As this legislation is implemented, it is important that the 
Legislative and Judicial branches provide vigorous oversight to ensure 
that no international laws regarding the treatment of detainees are 
violated in the name of security.

                          ____________________