FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON - The American Civil Liberties Union today condemned legislation passed by the House Armed Services Committee that
establishes rules to try detainees. The bill also would amend the War Crimes Act to gut the Geneva
Conventions.
"The House Armed Services Committee failed to enforce the rule of law and
protect due process," said Caroline Fredrickson, Director of the ACLU Washington
Legislative Office. "With the November elections around the corner, Republican
leaders are pursuing bills that condone the president’s abuse of power. We urge
the full House to stand up for fundamental American values and reject this
bill."
The military commission bill, HR 6054, sponsored by Representative Duncan
Hunter (R-CA), mirrors a White House proposal unveiled last week and passed on a
vote of 52 to 8. The bill would allow a person to be convicted based on secret
evidence and allow the use of evidence obtained as the result of horrific abuse.
It also denies detainees access to the courts, including habeas petitions.
Furthermore, it would gut the Geneva Conventions and amend the War Crimes Act to
immunize from prosecution civilians who subject people to horrific abuse that
may fall short of the definition of "torture."
Early this year, in Hamdan v. Rumsfeld, the Supreme Court ruled the
president’s initial military commission scheme illegal because it violated
Common Article 3 of the Geneva Conventions, the most basic standard regarding
treatment of detainees. The Hunter-White House bill fails to remedy any of the
problems outlined by the court and creates even more problems for upholding the
rule of law.
The ACLU also noted that all four Judge Advocates General urged close
adherence to the existing court martial procedures, which protect a defendant’s
right to see all evidence against them and reject the use of secret or coerced
evidence.
The Senate is expected to consider a different bill drafted by Senators John
Warner (R-VA), John McCain (R-AZ) and Lindsay Graham (R-SC). Ironically, the
House Armed Services Committee rejected, on a straight party-line vote, an
amendment by ranking member Rep. Ike Skelton (D-MO) to replace the Hunter-White
House bill with the draft Warner-McCain-Graham proposal.
"The Supreme Court invalidated the president’s previous military commission
plan, and the Hunter-White House bill fails to remedy that problem," said
Christopher E. Anders, an ACLU Legislative Counsel. "Congress must never abandon
the very freedoms that define America, and we urge lawmakers to stand in
opposition to this reckless bill."
