A Bill to Provide for the Effective Prosecution of Terrorists and to Guarantee Due Process Rights.
- It restores the writ of habeas corpus for individuals held in US custody.
- It narrows the definition of unlawful enemy combatant to individuals who directly participate in a zone of active combat against the United States, and individuals who participated in attacks against the United States on September 11, 2001.
- It requires that the United States live up to its Geneva Convention obligations by deleting a prohibition in law that bars detainees from invoking Geneva Conventions as a source of rights at trial.
- It permits accused to retain qualified civilian attorneys to represent them at trial, or to choose self representation.
- It prevents the use of evidence in court gained through the unreliable and immoral practices of torture and coercion.
- It charges the military judge with the responsibility for ensuring that the jury is appraised of sources, methods and activities associated with acquiring out of court statements that if known to the jury would impact on the credibility of the statement, or alternatively that such statements are not introduced at trial.
- It empowers military judges to exclude hearsay evidence they deem to be unreliable.
- It authorizes the US Court of Appeals for the Armed Forces to review decisions by the military commissions.
- It limits the authority of the President to interpret the meaning and application of the Geneva Conventions and makes that authority subject to congressional and judicial oversight.
- It clarifies the definition of war crimes in statute to include certain violations of the Geneva Conventions.
- Finally, it provides for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions.
Restoring America’s Standing in the World Begins with Restoring Constitution, Habeas Corpus
by Chris Dodd
The following originally appeared in the Huffington Post on June 7, 2007
This week, two military judges dismissed charges against a Canadian and a Yemeni detained at Guantanamo Bay, ruling that their war-crimes trials cannot move forward, throwing the entire military commissions process and those being held under it into question.
At issue in these cases is not simply whether Omar Khadr and Salim Ahmed Hamdan are "lawful" or "unlawful" enemy combatants as the judges have determined. Rather, what is at stake is whether America stands for what is right or what is wrong -- whether we stand for justice that secures America or vengeance that weakens us. What is at stake is the rule of law, America's moral authority and their vital connection to America's security.
Indeed, one of the saddest days in my 26-year career in the Senate occurred last fall when the Congress passed the Military Commissions Act (MCA), allowing evidence obtained through torture to be admitted into evidence, denying individuals the right to counsel, the right to invoke the Geneva Conventions. Indeed, with passage of the MCA, Congress removed the single most important and effective safeguard of liberty man has known:
The right of habeas corpus, permitting prisoners to be brought before court to determine whether their detainment is lawful.
In removing habeas corpus protections, the MCA affirmed vengeance as a tool in fighting terrorism -- discarding sixty years of precedent and respect for the rule of law.
For me, the issue is personal. My father served as Executive Trial Counsel under Chief Prosecutor and Supreme Court Justice Robert Jackson at the Nuremberg trials of Nazi war criminals, which set a high standard for moral authority and rule of law in the 20th Century. Trials were far from the obvious choice following World War Two and the extermination of 10 million people -- and vengeance was an understandable reaction.
Indeed, even with a body of evidence so overwhelming that only the likes of an Ahmadinejad could possibly deny it, Churchill wanted to promptly shoot the Nazi leaders. Stalin wanted show trials -- and then to shoot them. And many legal scholars argued there was no court or precedent under which to try them.
The parallels with the situation we find ourselves in today are chilling -- today we see an Administration that too often uses the law and its advocates not to uphold justice but to undermine it, enlisting attorneys to weaken laws and agencies that protect citizens here at home and our men and women in uniform abroad.
Let there be no doubt that Mr. Khadr, Mr. Hamdan and their fellow detainees are accused of serious crimes -- crimes they might well be guilty of.
Yet once again, we should reject the certainty of execution and incarceration for uncertainty of the rule of law and justice.
Why? Because America has always stood for something more.
It still does, but the window is closing. That is why I introduced the Restoring the Constitution Act (RCA). By insisting that suspected terrorists will be treated consistent with norms of our national law and the Geneva Conventions, to which we remain a signatory, we can protect our national security while upholding the international credibility so critical to securing America.
In the coming weeks I will be making a major push to bring the RCA to the floor of the United States Senate for a vote. To do that we need to enough votes to pass the bill in the Senate Armed Services Committee. My good friend Senator Carl Levin has shown remarkable leadership as the Democratic Chairman of the Committee and has a long record of distinguished service in the Senate. But he alone cannot bring this bill to the full Senate, and bringing the RCA to a vote in Committee without the votes will unfortunately not advance our cause. That is why I need your help -- making your voice heard by all members of the committee, Republican and Democrat alike. With your help I know we can get the votes to restore America's moral authority in the world.
It's time we stand up and say once and for all that the choice between vengeance and insecurity is a false choice -- that American leadership ought to draw strength from not our worst fears but our highest ideals.
Justice Jackson said of Nuremberg, "To pass these defendants a poisoned chalice is to put it to our own lips as well." If we fail to rise to this moment, I fear we will be drinking from that chalice for many years to come.
Here's what you can do today to help restore the Constitution:
- Watch my video discussing the bill and upload your own explaining why you believe America is most secure when we draw strength from our highest ideals, not our worst fears -- add the tag "restoringtheconstitution" and we'll add your videos to http://restore-habeas.org.
- Visit http://restore-habeas.org to sign up as a citizen co-sponsor to the Restoring the Constitution Act. Follow updates on the legislation's progress at http://chrisdodd.com/blog.
Comments
Since my family has Chilean ties and know what happened there when the military regime under the guise of stopping the Leftist Terrorists, condoned torture, rendition, and disappearances. I have followed the situation with the detainees at Guantanamo, and Extraordinary Rendition. Additionally, I was appalled that an American Citizen could be held incommunicado, in solitary confinement, without charges, and without the right to an attorney. I am shocked that we are not providing habeas corpus rights and in fact, without common-sense justice, especially when they can be held for a life-time. Some of these men are clearly innocent and should have the right to prove that they are innocent. That is only real justice--insistence on habeas corpus and the rule of law. Americans have always set the standard in the world for "Freedom, Justice, and the American Way." When did we change this?
We already have two cases of wrong-doing through error that resulted in Extraordinary Rendition, torture, and untold harm to the families of those persons who had no idea where their family members were. It makes me sick to think of what happened to those persons. In Canada, at least there has been some monetary compensation, but El Masri, in Germany, was denied the right to sue Rumsfeld, et al because it would, "Compromise State Secrets." What a disaster! What a public relations disaster, too.
Be sure that our family will support Dodd for President because his stand for Justice is clear, here. I have not heard the same strong, outspoken statements from other candidates like I have heard from Dodd on this issue.We would be happy to work for his support at any time.
I would like to know Senator Dodd's constitutional interpretation of being in Contempt of Congress trumps Executive privlege?
I strongly, strongly support this act to restore our Constitution's habeas corpus! Seems so many have passively watched the slow, agonizing deterioration of our country's principles. While you're at it, please introduce legislation to restore all of our constitutional rights that have been erased by the Patriot Acts, and the like, since Bush took office. Also, reduce or elliminate the ridiculously dictatorial powers that can be given a president during wartime, or when a state of national emergency is declared. Give these powers back to the Congress where it belongs!!! As we all have clearly seen in this admin., all presidents are not created equal, and many haven't proven worthy of our trust, and have blatantly flaunted the Constitution and rule of law, as well as a host of other impeachable offenses, but haven't been held accountable for them, to the shame of our senators and congressmen et al.
If not checked now, I fear deterioration will advance to disintegration and eventual disappearance of our nation as we now know it. Please don't allow this great nation to die!
You have my support, monetary and otherwise.
Keep me posted on your progress, thank you.
I agree with Carol Cuevas. If we continue to compromise our rights because we are scared, there will be no turning back. We will not be any better than the terrorists we are fighting. Please, open your eyes, if it happens to one individual, it can happen to each one of us. If the government does not have to produce habeas corpus, anyone can be jailed just on suspicion as it has been done in any dictatorship throughout history. Power corrupts, and absolute power corrupts absolutely.
do the senators campaign to "restore the constitution" apply to all of it, like the second amendment, or the the parts he finds accepteable?
What would be a "zone of active combat" against the United States. Would that apply to the Taliban and Al Qaeda who trained for and planned the 9-11 attacks? Would it apply to Ricard Reid?
Why did the sponsors list "participants in the 9-11 attacks" as an exception to the zone of active combat. Who is included in the term participant? One could argue that Bin Laden who was not in one of the airplanes, was not a "participant."
I agree that the Geneva Convention should apply, but I'm guessing it does not allow for trials and right to counsel or release of prisoners during the middle of a "war."
For example, during the Civil War, could a Yankee or Confederate soldier or spy suspect demand his release, without a full trial? I think not. I will have to do some research on habeus corpus and whether it applies to civilians and U.S. citizens, or how far you can expand it to enemy combatants.
I agree there are abuses at Guantanamo, and Abu Graib was a moral failure, but there must be a better solution. Just as an indefinite state of martial law is wrong, so is expanding habeus corpus, civil law and the Constitution to protect those who are at war with our constitution.
Go do it!!!!!!!We must preserve the constitution...President Bush wants to destroy it.
If this congress refuses to impeach, then I suggest that we indict after the administration leaves office. They'll have a much harder time of obstructing justice when they're out of power. And there's no good reason to stop pursuing them when they're terms expire. In fact, there're great reasons to send them to arraignment--it will blunt the precedents that they've set.
While we're at it, lets add a few members to the supreme court to dilute the anti-populists that Bush installed. There's nothing in the Constitution about the NUMBER of justices.
Subject: Preserve, Protect and Defend The Constitution
To: All The Presidential Candidates:
Should you become President of The United States, you will be taking an Oath Of Office to "Preserve, Protect and Defend the Constitution of The United States".
http://www.constitution.org/cons/constitu.htm
Do all of you Presidential Candidates remember that you swore to do this when you took your current political oath?
At this moment, only Senator Chris Dodd has remembered his oath of office!
http://action.chrisdodd.com/signUp.jsp?key=1570
I've looked high and low in The Constitution and have yet to find the words or phrases like: "shred", "ignore", "forget this section", "black this out", "eliminate this paragraph" or "cut this amendment out" when it comes to The Constitution.
Yet, that is just what has happened under the Bush/Cheney Administration, while all of you in Congress just sat there, took your orders from Bush/Cheney, and let it happen!
My question to the rest of the Democratic Candidates who took their "Oath of Office" is: Who else is going to stand-up with Senator Chris Dodd and take your oath seriously - OR - which of you is going to sit on their hands like Spineless Pelosi and Spineless Reid and udder not one peep?
The answer to that question will determine which of you I would support and work for. Senator Dodd the only person seeking my support - by his actions - thus far.
Do I have any other takers for my possible campaign help and financial support? The "bidding closes" for my support very, very soon.
"We The People" also bare our responsibility. We keep letting our members of Congress off the hook by staying home on voting day by not getting involved in campaigns, by never writing or calling our members of Congress, along with our constant, no questions asked, re-election of politicians who are not doing what we demand of them.
Tom Wieliczka
Windsor Locks, CT
I don't know why you say Dodd is the only candidate who vows to uphold the constitution. Ron Paul touts himself as being "The Champion of the Constitution". He backs up nearly every statement he makes with support from the constitution. I'm glad Dodd is holding a stance for the constitution, but from reading his report, it seems like he's more concnerned with 'habeus corpus' than with the constitution as a whole.
Thank you.
I just made my first-ever contribution to your campaign--$44.44--in direct response to your support of the 4th Amendment.
I can't believe what this Congress is doing to the Constitution they're all sworn to uphold, but I'm grateful at least someone is trying to stand up for it.
Well it is about time a Democrate showed some sack and guts!!
Thank you Mr Dodd for standing up and doing your job!!
Thier be a reconing coming for those who have shreded our constition and our way of life.
The people are starting to notice all the lies in the media and all the bull in congrase and soon they will awaken and thier will be a lot to explain!!
Mr Dodd you have my vote (and I hope my vote will count this time?)
and my support.
PSS please include proscuting all the treasons actions and or people that have got us where we are now!! Thier must be an acounting for ones actions!!
Senator, it renews my faith to see you doing such good work. Thank you for protecting that which is absolutely critical to the American dream. However, I am left curious of your stance on a much longer war, which has as well trampled the rights of the American citizen. I'm speaking of the war on drugs. As you know, there are plenty of arguements for the cessation of this 'war', in the name of economics, foriegn policy, medicine and science. Bu t these are small peanuts compared to the social harm our current policy has. This basic restriction has seeped like a poison into the American mind. Just like the evils of domestic spying and tortue, there is an intangible loss that outwieghs all else. Only when these false impediments to our rights are removed, will true learning be able to occur. Outlawing drugs is akin to locking your child in the bathroom to potty-train him. We cannot live in fear of our world, our government, our neighbors and ourselves; we must fearlessly lead the way in good faith and righteousness.
Senator Dodd...I wholeheartedly support your "restoring the constitution" position and actions. I am a firm believer in the CONSTITUTION and the RULE OF LAW as the foundation for application to all issues. Application to the issue of immigration is paramount. The RULE OF LAW includes the (1) secure and control our borders and (2) penalizing employers that hire illegal aliens. It took some ten years for the invasion and occupation by ten to twelve million of aliens sneaking across our borders. Enforcing the LAWS on the books will allow automatic attrition of aliens. This attrition would take some ten years to significantly and automatically reduce the numbers of illegal aliens.
Please apply the CONSTITUTION and the RULE OF LAW to the ILLEGAL ALIEN issue.
Senator Dodd,
I am impressed by your devotion to restoring the Constitution and the rule of law for our country. I feel this to be the top priority for the country right now, not because I don't feel strongly about ending the war and reversing global warming and environmental abuses, but because I want to feel secure in publicly advocating for those and other issues. We as citizens must know that our constitutionally mandated freedom of speech and assembly, etc. are going to be honored by all in positions of authority. Until all three branches of government are reconfirmed to us as being committed to the rule of law and adherence to our Constitution, none of us can feel truly safe in exercising our right to speak out on the many issues that affect us all.
I don't know how to get more people to be aware of your candidacy and your position on issues, other than talking to people. I'm saying "Take a look at Chris Dodd." and telling them about your stand on this issue. I hope some people will take the time to look online. But in the meantime, how do we wake up the media?
I agree and support Chris's push to restore the respect for and guidance provided by the US Constitution. On the issue of the Geneva Convention guiding us in the prosecution of enemies of the US, why can we not agree to provide those protections to only those countries or groups that have also agreed to the terms of, as well as signed on to the Convention. For all others all bets are off!
Has anyone noticed that all these statements are AGREE AGREE AGREE???? WHAT IS UP
Senator Dodd:
The shredding of the Constitution, especially the suspension of habeus corpus, is the most serious issue of the day for me. I know that other presidents have suspended habeus corpus, but it is the current surrounding events that make it so terrifying. It makes extraordianry renditions and Guantanamo possible.
Now, there is an proposed law called, ominously enough, The Violent Radicalization and Homegrown Terrorism Prevention Act. My information is that this was passed by the House in October 2007 by a margin of 400-6??? The definitions of terrorism and extremism are very vague -- this could be used against a demonstration by PETA, never mind Veterans For Peace.
Please give us some more information on this. The lopsided vote seems very odd, given the name of the act.
Nice thought, Mr. Dodd. But, alas, putting a bandaid on a gunshot wound doesn't keep you alive; it just makes you look a little better.
Restoration of the constitution is needed, but we need to go much deeper than Habeas Corpus. Take a step back, analyze things. What you'll quickly learn is that the federal government is way too big, and it is allowed to make decisions it shouldn't make, constitutionally.
Ever heard about how when an alcoholic quits drinking, he'll most likely become addicted to something else, like food? Well, if we allow the federal government to have the power it does, but take away it's ability to deny Habeas Corpus, there'll just be another right that is violated (privacy).
Mr. Dodd,
I feel slightly embarrassed to say that I'm commenting here even though I've already put my effort behind another Democratic candidate (Governor Richardson), but I want to applaud your efforts and integrity. As another commenter noted, Congress as a whole failed its oath and its country by passing such legislation as the MCA (I tacked up several op-ed pieces about the act on my college dorm room door last fall). That said, it was a desperate attempt by the Republican Congress to counter the wise ruling in Hamdan v. Rusmfeld.
It reminds me that the Senate can still be an honorable body when lawmakers like Messrs. Dodd and Leahy stand up for the Constitution and such important ancient writs like habeas corpus. I would be honored to have Senator Dodd as the President, but if he does not get the nomination-- and if he is not asked or chooses not to serve as part of the Administration, I would find a silver lining in the Senate not losing one of the most principled members.
Best of luck with the floor debate on the bill and with your campaign!
As part of the discussion on restoring the Constitution and on illegal wiretapping, the Senate needs to consider more than just spying on innocent US citizens. It needs to consider that crimes of censorship and harassment that some in the intelligence community are committing.
Even if the Senate passes a bill granting the telecoms, unless the constitution is altered, it is still illegal and one would think, the bill could not stand before an uncorrupted Supreme Court or maybe even the one we have now.
There seems to be no discussion of illegal censorship by the spooks with the assistance of the telecoms, but it is definitely going on.
My cell phone has been turned off remotely after I have made phone calls asking supposedly responsible parties for help. When I phoned the name of a "doctor??/spook who falsified my medical records and who could reveal the mastermind behind the felonies, the "doctor??/spook left the country the next day, according to the medical board.
Often when I attempt to take any type of picture, I get a message telling me that my memory is full even though it never is. I have taken pictures of the vehicles used by those I believe to be spooks with their license plates only to have the transit of the picture delayed for hours while the license numbers are made illegible. I have taken a picture of a man coming towards me through a field and sent it to myself. When the picture finally arrived there was a brown spot where the man had been.
I have attempted to send text messages with my cell phone only to get a censorship message with code that the A T & T customer service rep said was not listed. When I asked him to have someone get back to me with the reason for the censorship, he said they would, but of course, they did not.
The spooks have committed hundreds of other crimes against me, including many poisonings and several tampering with my vehicles so that it would appear I died of an vehicle accident, but I have survived. I have been to busy struggling to stay alive to be able to do much hunting for a lawyer, but I want justice someday.
I have asked the aides to my Representative for help, but they say I need a lawyer which everyone knows I cannot afford. They also suggested they could help me get into a safe house, but that would be like asking the fox to guard the hen house.
Last week or maybe the week before, a man who said he was once employed as an independent contractor working in technology for the Department of Defense (but I believe was currently a spook) said he did not believe me because he said the Department of Defense dropped people in the ocean if they did not like them and did not mess around with poisonings, thefts, and putting hidden partitions on their computers like are on mine. He asked what hold I have over them and my answer was that not everyone the bug is working to harm me. I have stopped some crimes cold (including what appeared to be an assassination attempt) by opening my cell phone and talking to it. This all started when I protested the war with Iraq because I thought the evidence the Bush administration was citing was not believable and because I was afraid it would turn out the way it has. It appears that whoever is in charge got angry because a few important people appear to have read my messages against the war and the "evidence."
Some in the intelligence community are driving around with false vehicle license plates, partially hidden or no plates and committing crimes using those vehicles. The police and sheriff seem to know that. The police will not go after the spooks when I have managed to catch them stealing from me in front of business surveillance cameras.
Some of the intelligence community are behaving like the secret police in a third world country. They need oversight.
Senator Dodd,
I commend you for standing up for the freedom of American citizens. People should have a right to take phone companies to court and find out their involvement with the NSA wiretapping program.
The people of America do not support immunity for phone companies. Keep up the good work. You are demonstrating true leadership and patriotic respresentation that is certainly Presidential.
Please send your fellow Democratic Senators a message: Stop being scared of Mr. 25% (President Bush's approval rating)!!!
Thank YOU!!!
Doug Zimmerman
Senator Dodd
I want to thank you for standing up for our privicy rights. I just wish the other candidates for President felt Phone Company immunity was important enough of an issue to join you in Washington to combat the continued destruction of our Constituition.
I was a Republician until the fraud of King George became apparent early in his first term.
George Bush is an insane President and evidentily would like America to look like Germany as it was in 1939.
I will be voting Democratic from now on since I have seen the corruption and cowardly ways of the Republicians you have to serve with in the Senate.
Thank you again for your bravery,
John Franklin
The Bill of Rights has long been shredded by the War On People called "The War On Drugs". It must be stopped!
My very negative comments about Mr. Dodd were taken-down.
So, Mr. Dodd is not better, and probably a lot worse, than Mr. Bush.
Actually, since Mr. Dodd cannot seem to stand criticism, perhaps we should rank him with such favorite notables as Hitler, Stalin, and even Putin.
As for me, I see no reason why "We The People" should include anyone who is not an American Citizen. My constitution does not read "We the Terriorists of Central Asia".
Moreover, my copy of the Constitution specifically requires "the corruption of blood" for acts of treason against the United States.
So, Mr. Dodd, if you really believe in the constitution, why are you against capital punishment?
Or, are you simply looking to sell us out to the Moslem Extremists?
I want to stay with the subject of habeas corpus. This is defined by Webster as "a writ for inquiring into the lawfulness of the constraint of a person who is imprisoned or detained in another's custody." What could be clearer? This right was first stated in the Magna Carta of 1215, 793 years ago. Do we think our protection against false arrest or restraint is no longer necessary? I for one think it is more needed now than ever before in our history.
Barbara Walker