[Congressional Record Volume 165, Number 87 (Thursday, May 23, 2019)]
[Senate]
[Page S3079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PRESIDENTIAL PARDONS

  Mr. CARDIN. Mr. President, media outlets have begun reporting that 
President Trump is looking into granting pardons to certain military 
personnel who have been convicted of committing war crimes in both Iraq 
and Afghanistan. If these reports are true, I find this to be most 
troubling.
  I have an article here that appeared CNN that says:

       The idea of pardons of accused servicemembers who have not 
     yet gone to trial and been convicted that is raising the most 
     concern from some military law experts.

  The United States' global influence is due, in large part, to its 
reputation for upholding human rights and adhering to international 
humanitarian law and the law of armed conflict, otherwise known as the 
law of war. As Stephen Preston, a former general counsel of the 
Department of Defense, wrote in the Department of Defense's Law of War 
Manual:

       The law of war is part of who we are . . . the laws of war 
     have shaped the U.S. Armed Forces as much as they have shaped 
     any other armed force in the world . . . The law of war is a 
     part of our military heritage, and obeying it is the right 
     thing to do . . . the self-control needed to refrain from 
     violations of law of war under the stresses of combat is 
     the same good order and discipline necessary to operate 
     cohesively and victoriously in battle.

  Five interdependent principles serve as the foundation of the law of 
war: military necessity, humanity, proportionality, distinction, and 
honor. These principles are pillars of America's moral standing in the 
world that allow our military to be the most lethal fighting force 
against our adversaries but also the most respected and revered by 
citizens of the world.
  The principles of the law of war are aligned with the constitutional 
values that our Founding Fathers set forth and that all generations of 
U.S. military servicemembers have sworn an oath to uphold and defend 
against all enemies, foreign and domestic.
  Department of Defense policy states that ``each member of the armed 
services has a duty to: (1) comply with the law of war in good faith; 
and (2) refuse to comply with clearly illegal orders to commit 
violations of the law of war.'' By virtue of their oath and training, 
members of the U.S. military are accountable for their individual and 
collective actions through the Uniform Code of Military Justice.
  The U.S. Government is also obligated to implement and enforce the 
law of war as required by our Nation's own domestic laws, policies, 
regulations, orders, and by the multiple treaty obligations we have 
with other countries.
  U.S. military members who are investigated and convicted of violating 
the law of war, through the prescribed Department of Defense 
investigative and judicial procedures, have violated international and 
domestic laws and have failed to uphold their oath and professional 
ethics. Whether it was My Lai during Vietnam or Abu Ghraib in Iraq, we 
have seen how the horrific acts committed by a small group of rogue 
actors can strategically diminish America's global standing, moral 
leadership, and strengthen our enemies.
  We Americans combat extremism, tyranny, and hate to preserve our way 
of life. Under no circumstance is adapting to the behaviors of our 
worst adversaries ever justified--ever. If we willfully allow our 
institutions or the individuals within them to deviate from the laws 
and standards of conduct that underpin our great Nation, then we lose 
our way, and the world loses its champion of righteousness and 
internationally recognized norms and values.
  I do not believe anyone in this Chamber disagrees with the laws and 
values of this country. The matter at hand is whether we will hold 
people accountable who violate those laws and fail to act on behalf of 
America with honor. To me, the right answer is very clear: The United 
States will not willfully commit or condone war crimes, and we must 
bring those who do commit them to justice regardless of citizenship, 
affiliation, or background. That is what we stand for as a nation. 
Those are our values, and that is America's leadership.
  Even in the fog of war--especially in the fog of war--we must 
endeavor to act with the moral clarity that distinguishes the United 
States of America as a shining city upon a hill.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.

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