October 2006

Abercrombie Opposes Military Commissions Act

 

Dear friend:

 

The U.S. House of Representatives on September 27 passed legislation to establish a military court system to prosecute terror suspects. The measure follows a Supreme Court ruling that the Administration can not continue arresting, interrogating and imprisoning terrorist suspects without Congressional authorization.

The legislation, passed by nearly a straight party vote, gives the President unprecedented authority to decide which techniques U.S. interrogators can legally use in questioning detainees suspected of terrorism or support for terrorist organizations. The bill also gives the President the power to interpret international standards for prisoner treatment when an act does not fall under the definition of a war crime, such as rape and torture. It bars detainees from going to federal court to protest their treatment and detention.

I voted against the Military Commissions Act. We all want terrorists and suspected terrorists to be brought to justice and held accountable for their actions. That is what makes the Military Commissions Act not only so disappointing, but so misguided. It is highly unlikely that a single terrorist will ever be convicted under this system, because it will never pass Constitutional muster with the U.S. Supreme Court. The most dangerous and dedicated terrorist brought to trial under this system could wind up walking away.

In its headlong rush to appear tough on terror, the majority in Congress showed itself willing to legalize abuse and torture and sell out the values that make America unique among all countries on earth. They may try to make these actions legal. They cannot make them right.

This legislation will fundamentally change the meaning of justice in the world. When the United States gives itself the right to interpret or reinterpret long-established basic rights of prisoners, other nations will feel empowered to do the same.  This vote will return to haunt us when American soldiers are tortured because their rights under the Geneva Convention have been “reinterpreted” by an enemy.,

Aloha,

Neil Abercrombie

Member of Congress