Mr. SCHIFF. Mr. Speaker, today I am introducing, with my colleague Mr. Frank of Massachusetts, the Military Tribunals Act of 2003 to provide congressional authorization for tribunals to try unlawful combatants against the United States in the war on terrorism.
As the war on terrorism continues and more suspected al Qaeda terrorists are arrested, Congress must ensure that justice is delivered swiftly and responsibly in order to punish the terrorists as well as to prevent future attacks.
Article 1, Section 8 of the Constitution provides that it is the Congress that has the power to establish tribunals inferior to the Supreme Court. Up until now, however, there has been no congressional authorization for military tribunals. Efforts to form such tribunals, to date, have been performed solely by executive order of the President with clarifying regulations promulgated by the Secretary of Defense.
Some would argue, not implausibly, that despite the clear language of Article 1, Section 8, congressional authorization is not necessary; that as Commander-in-Chief, the President has the authority to regulate the affairs of the military which extends to the adjudication of unlawful combatants. However, if Congress fails to act, any adjudications by military tribunal will likely be challenged in court on the basis that the tribunals were improperly constituted.
The Military Tribunals Act of 2003 establishes the jurisdiction of these new courts to quickly and efficiently prosecute suspected al Qaeda terrorists who are not U.S. citizens or lawful residents. The bill preserves the basic rights of habeus corpus, appeal, and due process. Furthermore, this legislation protects the confidentiality of sources of information, protects classified information, and also protects ordinary citizens from being exposed to the dangers of trying these suspects.
Perhaps of most importance, in the context of a war without a clear end and against an enemy without uniform or nation, this bill requires the President to report to Congress on who is detained, for how long, and on what basis.
Mr. Speaker, in sum, the Military Tribunals Act of 2003 gives the Commander-in-Chief the power to try unlawful combatants, provides the confidence that these judgments will be upheld, establishes clear rules of due process, and ensures that the hallmarks of our democracy are not compromised.