Military Commission Act Decision Upholds Key Tool In War On Terror

Military Commission Act Decision Upholds Key Tool In War On Terror

Earlier today, the U.S. Court of Appeals for the D.C. Circuit upheld and effectuated Congress's removal of federal court jurisdiction to hear habeas corpus petitions filed by enemy combatant detainees held at Guantanamo Bay, Cuba. Late last year, Congress responded to the Supreme Court's Hamdan decision through passage of the Military Commissions Act of 2006 (MCA). Importantly, the Court ruled today that this legislation does not amount to an unconstitutional suspension of the writ of habeas corpus.

U.S. Sen. John Cornyn, who played a key role in drafting this legislation as a Member of both the Senate Armed Services and Judiciary Committees, made the following statement regarding today's decision:

"Today's decision was the correct one. It upholds a key tool in the war on terror, the Military Commissions Act of 2006, and it addresses the flawed constitutional arguments by critics of this legislation who have engaged in a campaign of misinformation regarding America's treatment of captured enemy combatants. The detainees held at Guantanamo Bay do not have an unfettered constitutional right to file habeas corpus petitions in U.S. federal courts. The United States has never allowed such access to its court system by foreign enemies captured on the battlefield.

Congress has twice spoken to remove this unprecedented and burdensome litigation from the federal courts. We expect the courts to respect the will of Congress.

While habeas review is not permitted, Guantanamo detainees do receive a fair and manageable appeals process, including their day in federal court. Importantly, even without habeas review, these unlawful combatants receive more due process rights than are required for prisoners of war under the Geneva Convention. This is entirely consistent with America's values and our Constitution.

In fact, the legal and humane actions of the U.S. government stand in stark contrast to our al-Qaeda enemies who behead those they capture."

Sen. Cornyn serves on the Armed Services, Judiciary and Budget Committees. In addition, he is Vice Chairman of the Senate Select Committee on Ethics. He serves as the top Republican on the Judiciary Committee's Immigration, Refugees and Border Security subcommittee and the Armed Services Committee's Airland subcommittee. He served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.

http://cornyn.senate.gov/index.asp?f=record&lid=1&yid=1&rid=237307&pg=1