Schakowsky Joins Reps. Nadler and Harman to Introduce Bills to Restore Habeas Corupus, Ban Torture & Uphold Geneva Conventions

SCHAKOWSKY JOINS REPS. NADLER AND HARMAN TO INTRODUCE BILLS TO RESTORE HABEAS CORPUS, BAN TORTURE & UPHOLD GENEVA CONVENTIONS

U.S. Representative Jan Schakowsky (D-IL), a member of the House Committee on Intelligence, today joined Representatives Jerrold Nadler (D-NY) and Jane Harman (D-CA) to introduce two new bills that address and reverse problematic parts of the Military Commissions Act (MCA), which became law last year. The bills are companion legislation to the Restoring the Constitution Act of 2007, introduced by Sen. Chris Dodd (D-CT), and the Habeas Corpus Restoration Act of 2007, introduced by Sen. Arlen Specter (R-PA).

"Time and again, this President has shown a blatant disregard for the rule of law and has used fear to expand his authority," said U.S. Rep. Schakowsky. "These new bills will reverse the damage done by the MCA and return to the fundamental principles that set our nation apart from the rest of the world. We must always remember that no matter how great the enemy or threat may be, we should never compromise our own values and our commitment to the rule of law."

The Military Commissions Act gave the President unilateral discretion to interpret the meaning and application of the provisions in the Geneva Convention that relate to torture. The Act also expanded the definition of an "unlawful enemy combatant" to include any individual who "materially" and "purposely" supported hostilities against the United States. The most damaging provision in the MCA is the stripping of the right to habeas corpus, eliminating one of the most fundamental principles of our constitution. Under this provision, people can be detained, forever, with no ability to challenge their detention in federal court.

The Restoring the Constitution Act would limit the President's authority to interpret the provisions of the Geneva Conventions and makes that authority subject to congressional and judicial oversight. The Act clarifies the definition of war crimes to include certain violations of the Geneva Conventions and it provides for expedited judicial review of the MCA to determine the constitutionality of its provisions.

The Habeas Corpus Restoration Act would reverse the dangerous habeas provisions in the Military Commissions Act by giving individuals the ability to challenge their detentions.

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