[Congressional Record Volume 154, Number 115 (Monday, July 14, 2008)]
[Extensions of Remarks]
[Page E1449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SUPREME COURT'S DECISION IN BOUMEDIENE ET AL. V. BUSH

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                            HON. GWEN MOORE

                              of wisconsin

                    in the house of representatives

                         Monday, July 14, 2008

  Ms. MOORE of Wisconsin. Madam Speaker, the Supreme Court's recent 
decision in Boumediene et al. v. Bush has again shown a spotlight on 
this administration's misguided attempts to rewrite the Constitution to 
suit its own ends. Once again, the Court has spoken up for the 
Constitution and against attempts to do an end run around the venerable 
document.
  In this important decision, the Court found that those at Guantanamo 
Bay ``have the constitutional privilege of habeas corpus'' and are 
``not barred from seeking the writ . . . because they have been 
designated as enemy combatants or because of their presence at 
Guantanamo'' and struck down attempts by the 109th Congress and the 
President to prevent detainees from using this historic writ to 
challenge their detention in court.
  In its ruling, the Court again reminds us ``that the Framers 
considered the writ a vital instrument for the protection of individual 
liberty'' as well as a safeguard of the separation of powers provided 
in the Constitution.
  This decision marks at least the third time in which the Supreme 
Court has acted to overturn disastrous and controversial Bush 
Administration policies regarding the treatment of enemy combatants. 
These policies have helped to make Guantanamo a negative symbol of 
America around the world.
  While I strongly believe that dangerous terrorists should and must be 
detained, the confusing, conflicting, and sometimes illegal policies at 
Guantanamo and the actions of the Supreme Court time and again clearly 
indicate a need for change. These changes must include the closing of 
the detention facilities at Guantanamo and an end to the torture and 
detention policies that have tarnished America's image, drawn 
condemnation from our allies, and done little to help bring to justice 
those responsible for acts of terrorism against our country.
  Prolonged indefinite imprisonment without charges and torture are out 
of line with the traditions and values of the U.S. While the Supreme 
Court decision will now ensure that Habeas Corpus will be available so 
that an independent court can review the facts and make a determination 
of whether individuals should be detained, the administration's other 
policies also need to be reformed.
  Last year, in the FY 2008 Defense Authorization bill, Congress urged 
the administration to ensure that detainees at Guantanamo Bay, to the 
maximum extent possible, are charged and expeditiously prosecuted for 
crimes committed against the U.S. The bill also urged the 
administration to carry out operations at Guantanamo Bay ``in a way 
that upholds the national interest and core values of the American 
people'' and called for the Defense Department to provide Congress with 
its plan for each detainee--whether they have or will be charged, 
whether they will be released or transferred, or whether they will be 
detained.
  In light of the recent ruling and continuing controversy regarding 
this facility, Congress can and must go further to ensure that this 
facility is closed.
  Closing Guantanamo won't immediately repair the damage done by the 
detention and other policies that have undermined America's image even 
among some of our allies. Such a move may open up a host of new 
questions of what to do about those detained there. However, rather 
than putting that important question to an administration which our 
courts have repeatedly had to check, the Court's ruling creates another 
opportunity for Congress to Act.
  And one of its first steps should be putting Guantanamo out of 
business while holding accountable those prisoners at Guantanamo who 
represent real danger to the U.S. We can and should do so in a way that 
does not require us to switch off the Constitution, our values, or our 
Nation's strong tradition of ensuring access to the courts and justice.
  In the decision, Justice Kennedy, writing for the majority, warned of 
the dangers of allowing either the legislative or executive branch to 
``switch the Constitution on or off at will.''
  In pursuing terrorists, we cannot undermine the very freedoms and 
rights that are the basis for our democracy. Our national security 
interests are best served when we interrogate and try terrorist 
suspects in a manner that comports with our values, produces 
convictions that will withstand appeals, and honors longstanding 
international commitments.

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