Markup of H.Res. 537, Requesting that the President and Directing that the Attorney General Transmit to the House of Representatives All Information in their Possession Relating to Specific Communications Regarding Detainees...

Markup of H.Res. 537, Requesting that the President and Directing that the Attorney General Transmit to the House of Representatives All Information in their Possession Relating to Specific Communications Regarding Detainees and Foreign Persons Suspected of Terrorism

Mr. Cohen. I recognize myself for an opening statement. This resolution was introduced by Chairman Rogers of Michigan and referred to our committee. Under House rules we are required to report this within 14 legislative days of its introduction, or a privileged motion to discharge the committee could be filed on the House floor. The Rogers resolution of inquiry calls for any and all information in the administration's possession relating to the issue of so-called Miranda warnings to persons detained in Afghanistan to be released. I urge Members to support the motion to report the resolution adversely for two reasons; namely because the administration already stated there has been no change in policy on this matter since the Bush administration, and secondly because any information the administration would have relates to classified or otherwise sensitive case-specific information that should not be publicly released.

First, the FBI has confirmed that there has been no administration policy change and no instruction of any new nature for FBI agents to Mirandize terror suspects abroad. FBI Director Mueller, who was first appointed by President Bush, wrote in a June 12 letter to all Members that the practice of providing Miranda warnings occurs, as it did before this administration, only on a case-by-case basis when it is determined that it will enhance national security by preserving the integrity of the 5
evidence to ultimately bring some terror suspects to justice. Director Mueller's letter explained that the practice has been occurring for years, quote/unquote. Indeed when the Bush administration asked early 2008 that it intended to bring capital murder charges against six men allegedly linked to the 9/11 terrorist attacks, it did so based partly on information the men disclosed to FBI questioners at Guantanamo after they had effectively administered a standard U.S. Miranda warning. I ask unanimous consent this letter be included in the record.

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Mr. Cohen. Second, the administration has also disclosed to us in a telephone call by Assistant Attorney General Ron Wright to relevant Majority and Minority staff that the only documents that would be responsive to the resolution are individual case files on terror suspects that contain sensitive national security information. Forcing production of such information would seriously risk harming out Nation's efforts to bring terrorists to justice. The resolution before us is incredibly broad. There are no limitations of time, scope or breadth in compliance with would a set of dangerous precedent of compromising sensitive and classified case files concerning ongoing military and criminal matters. Accordingly I recommend that we report this resolution unfavorably.

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