Supreme Court's Decision in Boumediene ET Al. V. Bush

SUPREME COURT'S DECISION IN BOUMEDIENE ET AL. V. BUSH -- (Extensions of Remarks - July 14, 2008)

SPEECH OF
HON. GWEN MOORE
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
MONDAY, JULY 14, 2008

* Ms. MOORE of Wisconsin. Madam Speaker, the Supreme Court's recent decision in Boumediene et al. v. Bush has again shown a spotlight on this administration's misguided attempts to rewrite the Constitution to suit its own ends. Once again, the Court has spoken up for the Constitution and against attempts to do an end run around the venerable document.

* In this important decision, the Court found that those at Guantanamo Bay ``have the constitutional privilege of habeas corpus'' and are ``not barred from seeking the writ ..... because they have been designated as enemy combatants or because of their presence at Guantanamo'' and struck down attempts by the 109th Congress and the President to prevent detainees from using this historic writ to challenge their detention in court.

* In its ruling, the Court again reminds us ``that the Framers considered the writ a vital instrument for the protection of individual liberty'' as well as a safeguard of the separation of powers provided in the Constitution.

* This decision marks at least the third time in which the Supreme Court has acted to overturn disastrous and controversial Bush Administration policies regarding the treatment of enemy combatants. These policies have helped to make Guantanamo a negative symbol of America around the world.

* While I strongly believe that dangerous terrorists should and must be detained, the confusing, conflicting, and sometimes illegal policies at Guantanamo and the actions of the Supreme Court time and again clearly indicate a need for change. These changes must include the closing of the detention facilities at Guantanamo and an end to the torture and detention policies that have tarnished America's image, drawn condemnation from our allies, and done little to help bring to justice those responsible for acts of terrorism against our country.

* Prolonged indefinite imprisonment without charges and torture are out of line with the traditions and values of the U.S. While the Supreme Court decision will now ensure that Habeas Corpus will be available so that an independent court can review the facts and make a determination of whether individuals should be detained, the administration's other policies also need to be reformed.

* Last year, in the FY 2008 Defense Authorization bill, Congress urged the administration to ensure that detainees at Guantanamo Bay, to the maximum extent possible, are charged and expeditiously prosecuted for crimes committed against the U.S. The bill also urged the administration to carry out operations at Guantanamo Bay ``in a way that upholds the national interest and core values of the American people'' and called for the Defense Department to provide Congress with its plan for each detainee--whether they have or will be charged, whether they will be released or transferred, or whether they will be detained.

* In light of the recent ruling and continuing controversy regarding this facility, Congress can and must go further to ensure that this facility is closed.

* Closing Guantanamo won't immediately repair the damage done by the detention and other policies that have undermined America's image even among some of our allies. Such a move may open up a host of new questions of what to do about those detained there. However, rather than putting that important question to an administration which our courts have repeatedly had to check, the Court's ruling creates another opportunity for Congress to Act.

* And one of its first steps should be putting Guantanamo out of business while holding accountable those prisoners at Guantanamo who represent real danger to the U.S. We can and should do so in a way that does not require us to switch off the Constitution, our values, or our Nation's strong tradition of ensuring access to the courts and justice.

* In the decision, Justice Kennedy, writing for the majority, warned of the dangers of allowing either the legislative or executive branch to ``switch the Constitution on or off at will.''

* In pursuing terrorists, we cannot undermine the very freedoms and rights that are the basis for our democracy. Our national security interests are best served when we interrogate and try terrorist suspects in a manner that comports with our values, produces convictions that will withstand appeals, and honors longstanding international commitments.

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