Published: 06-16-08
Ruling changes law to grant “unprecedented rights” to captured terrorists
WASHINGTON—U.S. Sen. John Cornyn a member of the Senate Judiciary and Armed Services Committees made the following statement Thursday regarding the U.S. Supreme Court decision in Boumediene v. Bush which involves foreign terrorist detainees held at Guantanamo Bay:
“Upon initial review the Supreme Court’s ruling is both troubling and disappointing. A slim 5-4 majority of the Supreme Court ignored the informed wartime policy choices of both elected branches of the federal government. In 2006 65 Senators—Democrats and Republicans alike—approved a carefully crafted law that provided these detainees a fair process consistent with America’s critical national security needs.
“But today the Supreme Court ignored this law and the informed expertise of the President and Congress in matters of national security—and gave itself a blank check to assume control of wartime detainee policy. This is unacceptable and unprecedented.
“The history of this debate and litigation concerning the rights of suspected terrorists is instructive. The Supreme Court previously said that unilateral executive decision-making was not appropriate when it came to determinations of who is and is not an alien enemy combatant—even in wartime. Pursuant to the Court’s directive Congress debated and crafted a detention review process that included review in the D.C. Circuit Court of Appeals—a court many call “the second highest court in the land.” This law crafted specifically to meet the Court’s previously stated requirements was invalidated today. The Supreme Court has moved the goalposts once again.
“But the Supreme Court is not the final word. Congress should revisit America’s terrorist detention policies with additional legislation. This ruling by a very slim majority of the Court represents a dangerous and irresponsible precedent that will greatly burden our military and put our national security at risk.”
BACKGROUND:
The Military Commissions Act – which was the focus of the Court’s ruling -- passed the Senate with strong bipartisan support including Senate Democrats Carper (D-DE) Johnson (D-SD) Landrieu (D-LA) Lautenberg (D-NJ) Menendez (D-NJ) Nelson (D-FL) Nelson (D-NE) Pryor (D-AR) Rockefeller (D-WV) Salazar (D-CO) and Stabenow (D-MI).
