Conference Report On H.R. 2647, National Defense Authorization Act For Fiscal Year 2010

Floor Speech

BREAK IN TRANSCRIPT

Mr. NADLER of New York. I thank the gentleman.

Mr. Speaker, I rise in support of this conference report with some serious reservations. This legislation will finally enact the Local Law Enforcement Hate Crimes Prevention Act. That is a historic, albeit long overdue, accomplishment.

I am concerned, however, about the section dealing with military commissions. President Obama's goal, which I share, is a system that is fair, legitimate and effective. But we already have that in the Uniform Code of Military Justice and our Article III courts. We should use these existing tools and stop insisting on a new and inevitably second-class military commissions system. But given the existing Military Commissions Act of 2006, which allows for the admission of statements obtained through the use of cruel, inhuman and degrading interrogation methods, we should support the improvements in this bill--placing further limits on the use of coerced testimony and hearsay; expanding the scope of appellate review to include review of facts and not just law; and taking greater account of the need for adequate defense counsel and resources. These changes do not go far enough, and additional changes suggested by the Judiciary Committee--including a sunset provision, a voluntariness requirement for all statements, a different appeals structure, and a prohibition on the trial of child soldiers by military commission--should have been adopted. Nonetheless, I support the improvements made by this conference report with the hope that we can make further progress in the future.

I urge my colleagues to vote for this conference report.

* [Begin Insert]

Mr. Speaker, whether it is because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity, or disability of the victim, these violent acts causing death or bodily injury target not just an individual but an entire group. These crimes do, and are often intended to, spread terror among all members of the group.

Today, we have the opportunity to do the right thing. I hope we can agree to do so.

I am concerned, however, about the section dealing with military commissions It makes some important improvements, but in some key ways the system will remain at odds with our best traditions.

When President Obama initially suspended use of military commissions, I was optimistic that we had seen the end of this flawed system. President Obama has since signaled his intent to revive the commissions, and has called for reforms that would bring them in line with the rule of law. President Obama's goal which I share, is a system that is fair, legitimate, and effective. But we already have that in the Uniform Code of Military Justice and our Article III courts. We should use these existing tools and stop insisting on a new and inevitably second-class military commission system.

But, given the existing Military Commissions Act of 2006, which can be used to try detainees and allows for the admission of statements obtained through the use of cruel, inhuman, and degrading interrogation methods, we should support the improvements in this bill. This bill improves existing law by placing further limits on the use of coerced testimony and hearsay, expanding the scope of appellate review to include review of facts and not just law, and taking greater account of the need for adequate defense counsel and resources. These changes do not go far enough, and additional changes suggested by the Judiciary Committee--including a sunset provision, a limitation on the use of military commissions for Guantanamo detainees, a voluntariness requirement for all statements, a different appeals structure, and a prohibition on the trial of child soldiers by military commission--should have been adopted. Nonetheless, I support the improvements made by this conference report, with the hope that we can make further progress in the future.

So I will support this conference report, mindful that our work is not done. I urge my colleagues to do the same.

BREAK IN TRANSCRIPT

Source