[Congressional Record (Bound Edition), Volume 151 (2005), Part 14]
[Senate]
[Pages 19165-19166]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    TRYING TERRORISTS IN OUR COURTS

  Mr. DURBIN. Mr. President, it has come to my attention that there was 
a significant decision by a criminal court in Seattle. The decision, as 
I understand it, was made this week, and it involved a U.S. district 
judge, John C. Coughenour. I hope I have pronounced his name correctly. 
Judge Coughenour was tasked with an awesome responsibility--the 
prosecution of Ahmed Ressam, who had been accused of terrorist acts 
against the United States.
  The case was rather straightforward. The man had plotted to bomb the 
Los Angeles Airport on the eve of the celebration of our millennium. It 
was in imposing the sentence that Judge Coughenour said some things 
which are worth repeating. He called into question some conclusions 
that many people have reached about our system of justice and really 
reminded us of our legacy in terms of constitutional responsibility in 
this country.
  I ask unanimous consent that the judge's entire statement at the 
sentencing hearing be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Judge's Statement
       U.S. District Judge John C. Coughenour made a statement 
     during Wednesday's sentencing hearing for Ahmed Ressam. 
     ``Okay. Let me say a few things. First of all, it will come 
     as no surprise to anybody that this sentencing is one that I 
     have struggled with a great deal, more than any other 
     sentencing that I've had in the 24 years I've been on the 
     bench.
       ``I've done my very best to arrive at a period of 
     confinement that appropriately recognizes the severity of the 
     intended offense, but also recognizes the practicalities of 
     the parties' positions before trial and the cooperation of 
     Mr. Ressam, even though it did terminate prematurely.
       ``The message I would hope to convey in today's sentencing 
     is twofold:
       ``First, that we have the resolve in this country to deal 
     with the subject of terrorism and people who engage in it 
     should be prepared to sacrifice a major portion of their life 
     in confinement.
       ``Secondly, though, I would like to convey the message that 
     our system works. We did not need to use a secret military 
     tribunal, or detain the defendant indefinitely as an enemy 
     combatant, or deny him the right to counsel, or invoke any 
     proceedings beyond those guaranteed by or contrary to the 
     United States Constitution.
       ``I would suggest that the message to the world from 
     today's sentencing is that our courts have not abandoned our 
     commitment to the ideals that set our nation apart. We can 
     deal with the threats to our national security without 
     denying the accused fundamental constitutional protections.
       ``Despite the fact that Mr. Ressam is not an American 
     citizen and despite the fact that he entered this country 
     intent upon killing American citizens, he received an 
     effective, vigorous defense, and the opportunity to have his 
     guilt or innocence determined by a jury of 12 ordinary 
     citizens.
       ``Most importantly, all of this occurred in the sunlight of 
     a public trial. There were no secret proceedings, no 
     indefinite detention, no denial of counsel.
       ``The tragedy of September 11th shook our sense of security 
     and made us realize that we, too, are vulnerable to acts of 
     terrorism.
       ``Unfortunately, some believe that this threat renders our 
     Constitution obsolete. This is a Constitution for which men 
     and women have died and continue to die and which has made us 
     a model among nations. If that view is allowed to prevail, 
     the terrorists will have won.
       ``It is my sworn duty, and as long as there is breath in my 
     body I'll perform it, to support and defend the Constitution 
     of the United States. We will be in recess.''

  Mr. DURBIN. Let me read a few things from this statement that I think 
are so significant. The judge said at the sentencing hearing for Ahmed 
Ressam, an alleged terrorist now prosecuted and convicted, the 
following:

       Okay. Let me say a few things. First of all, it will come 
     as no surprise to anybody that this sentencing is one that I 
     have struggled with a great deal, more than any other 
     sentencing that I've had in the 24 years I've been on the 
     bench.

  The judge went on to say:

       I've done my very best to arrive at a period of confinement 
     that appropriately recognizes the severity of the intended 
     offense, but also recognizes the practicalities of the 
     parties' positions before trial and the cooperation of Mr. 
     Ressam, even though it did terminate prematurely.

  The judge said:

       The message I would hope to convey in today's sentencing is 
     two-fold: First, that we have the resolve in this country to 
     deal with the subject of terrorism and people who engage in 
     it should be prepared to sacrifice a major portion of their 
     life in confinement.
       Secondly, though, I would like to convey the message that 
     our system works. We did not need to use a secret military 
     tribunal, or detain the defendant indefinitely as an enemy 
     combatant, or deny him the right to counsel, or invoke any 
     proceedings beyond those guaranteed by or contrary to the 
     United States Constitution.

  The judge said:

       I would suggest that the message to the world from today's 
     sentencing is that our courts have not abandoned our 
     commitment to the ideals that set our nation apart. We can 
     deal with threats to our national security without denying 
     the accused fundamental constitutional protections.
       Despite the fact that Mr. Ressam is not an American citizen 
     and despite the fact that he

[[Page 19166]]

     entered this country intent upon killing American citizens, 
     he received an effective, vigorous defense, and the 
     opportunity to have his guilt or innocence determined by a 
     jury of 12 ordinary citizens.
       Most importantly, all of this occurred in the sunlight of a 
     public trial. There were no secret proceedings, no indefinite 
     detention, no denial of counsel.
       The tragedy of September 11th shook our sense of security 
     and made us realize that we, too, are vulnerable to acts of 
     terrorism. Unfortunately, some believe that this threat 
     renders our Constitution obsolete. This is a Constitution for 
     which men and women have died and continue to die and which 
     has made us a model among nations. If that view is allowed to 
     prevail, the terrorists will have won.
       It is my sworn duty, and as long as there is breath in my 
     body I'll perform it, to support and defend the Constitution 
     of the United States.

  That is the end of the statement by Judge Coughenour. This judge was 
appointed by a Republican President. He clearly speaks to 
constitutional principles which know no party bounds.
  All of us, Republicans and Democrats, swear to uphold that same 
Constitution in our service to the Senate and our service to this 
Government. It is clear that in some cases the open and public trial 
which this accused, Ahmed Ressam, received in Seattle could never occur 
because of concerns over classified information, over concerns of 
security for individuals. But it is very clear that in this case 
extraordinary efforts were made to make certain that we said to the 
world, this man can be tried in open court, judged by a jury of 12 
ordinary citizens and his guilt determined according to a system bound 
by the Constitution we have sworn to uphold.
  I am humbled by the wisdom of this simple statement from this Federal 
judge. I hope it serves as a reminder to all that we must seek not only 
security in this time of peril, but we must seek it in a way that never 
imperils our basic freedoms in America.

                          ____________________