Congressional Record

September 27, 2006 CONGRESSIONAL RECORD — SENATE S10243 MILITARY COMMISSIONS ACT OF jacked planes, buildings that house way as our uniformed military or com 2006 businesses and organizations abso mon civilian criminals. We must re The PRESIDING OFFICER. The lutely critical to our economic and our member that we are fighting a dif clerk will report the bill by title. financial stability, including the Li ferent kind of enemy in a different The assistant legislative clerk read brary Tower in Los Angeles, CA. But kind of war. We are fighting an enemy as follows: this time, we were ready. We thwarted who seeks to destroy our values, our A bill (S. 3930) to authorize trial by mili that plot, and Khalid Shaikh Moham freedoms, and our very way of life. tary commission for violations of the law of med now resides at Guantanamo. But To win this war, we must provide our war, and for other purposes. he wouldn’t reside there and we military, intelligence, and law enforce The amendment (No. 5085) was agreed wouldn’t have stymied his evil designs ment communities the tools they need to. at that Library Tower if not for the to keep us safe. By formally estab (The amendment is printed in today’s ability to question detainees. lishing terrorist tribunals, the bill pro RECORD under ‘‘Text of Amendments.’’) Soon after 9/11, we detained an al- vides another critical tool in fighting The PRESIDING OFFICER. The ma Qaida operative known as Abu the war on terror, and it provides a jority leader is recognized. Zubaydah. Under questioning, he yield measure of justice to the victims of 9/ Mr. FRIST. Mr. President, for 5 years ed several operational leads. He re 11. we have been a nation at war. It is a vealed Shaikh Mohammed’s role in the Until Congress passes this legisla war unlike any we have ever before 9/11 attacks. Coupled with other tion, terrorists such as Khalid Shaikh fought. It is an ideological war against sources, the information he gave up led Mohammed cannot be tried for war radicals and zealots. We are fighting a to Shaikh Mohammed’s capture and de crimes, and the United States risks different kind of enemy—an enemy who tainment. Khalid Shaikh Mohammed fighting a blind war without adequate seeks to destroy our values, to destroy currently awaits prosecution. That intelligence to keep us safe. That is our freedom, and to destroy our way of prosecution cannot happen until we simply unacceptable, and that is why life, people who will kill and who will act. Our great Nation will know no jus this bill must be passed. actually stop at nothing to bring tice—and his victims’ families will I look forward over the next few America to its knees. It is a war know no justice—until Congress acts hours to an open and civilized debate in against an enemy who won’t back by passing legislation to establish the best traditions of the Senate. I urge my colleagues—Republican, Dem down, ever, telling interrogators: I will these military commissions. never forget your face. I will kill you. Before we recess this week, we will ocrat, and Independent alike—to work I will kill your brothers, your mother, complete this bill. We could complete together to pass this bill. The Amer your sisters. It is a war against an it possibly today but if not, in the ican people can’t afford to wait. Even enemy who undertakes years of psy morning. The bill itself provides a leg though we are in the midst of an elec chological training to consciously re islative framework to detain, question, tion year, this issue—the safety and se sist interrogation and to withhold in and prosecute terrorists. It reflects the curity of the American people—should transcend partisan politics. The time formation that could be critical to agreement reached last week: Repub thwarting future threats, future at to act is now. licans united around the common goal Mr. President, I yield the floor. tacks. But it is also a physical war. On of bringing terrorists to justice. It pre Mr. LEVIN. Mr. President, I yield the field of battle, it is a war that de serves our intelligence programs—in myself 15 minutes off the bill itself. mands quick thinking and creativity. telligence programs that have dis The PRESIDING OFFICER. The Sen It demands tactics that entice the rupted terrorist plots and saved count ator from Michigan is recognized. enemy to reveal his weaknesses. less American lives. Mr. LEVIN. Mr. President, first let As we learned 5 years ago, safety and When we capture terrorists on the me begin by commending our col security aren’t static states; they are battlefield, we have a right to pros leagues on the Armed Services Com dynamic, constantly shifting, con ecute them for war crimes. This bill es mittee, Senator WARNER, Senator stantly moving. We consistently and tablishes a system that protects our MCCAIN, and Senator GRAHAM, for their repeatedly have to be able to adjust national security while ensuring a full effort earlier this month to produce a and take stock and reassess and, when and fair trial for detainees. The bill military commissions bill that will necessary, implement changes in re formally establishes terrorist tribunals protect our troops, withstand judicial sponse. to prosecute terrorists engaged in hos review, and be consistent with Amer In the past 5 years alone, in this body tilities against the United States for ican values. The administration of we have passed more than 70 laws and war crimes. Terrorist detainees will be their own party had prepared a bill other bills related to the war on terror, tried by a 5- or 12-member military that would authorize violations of our but they haven’t been enough. They commission overseen by a military obligations under international law, haven’t kept pace with the ever-chang judge. They will have the right to be permit the abusive treatment of pris ing field of battle. There is more we presumed innocent until proven guilty, oners, and allow criminal convictions can do and, indeed, we must do. That is the right to military and civilian coun based on secret evidence. The three why over the last month we have fo sel, the right to present exculpatory Senators drafted a different bill, in cused the Senate agenda on security, evidence, the right to exclude evidence consultation with our senior military and that is why today we address our obtained through torture, and the right lawyers. When the administration ob Nation’s security by debating one of to appeal. jected to this bill, Senator WARNER the most serious and most urgent secu The bill also protects classified infor scheduled a markup in the Senate rity issues currently facing the Nation: mation—our critical sources and meth Armed Services Committee anyway, the detainment, questioning, and pros ods—from terrorists who could exploit and we reported that bill out with a bi ecution of enemy combatants—terror it to plan another terrorist attack. It partisan vote of 15 to 9. ists captured on the battlefield. provides a national security privilege Unlike the administration bill, the A few weeks ago, I traveled with sev that can be asserted at trial to prevent committee bill would not have allowed eral of my colleagues to Guantanamo the introduction of classified evidence. convictions based on secret testimony Bay. That is where the mastermind of But the accused can be provided a de that is never revealed to the accused. 9/11 currently resides—Khalid Shaikh classified summary of that evidence. The committee bill would not have al Mohammed. This man, the man the 9/11 Moreover, the bill provides legal clar lowed testimony obtained through Commission calls the principal archi ity for our treaty obligations under the cruel or inhuman treatment. The com tect behind the 9/11 attacks, didn’t stop Geneva Conventions. It establishes a mittee bill would not have allowed the with 9/11. Not 1 month after 9/11, he was specific list of crimes that are consid use of hearsay where a better source of busy again plotting and planning, or ered grave breaches of the Geneva Con evidence is readily available. The com chestrating, scheming, and conspiring ventions. mittee bill would not have attempted to strike us again while we were still Ultimately, these procedures recog to reinterpret our obligations under down. His next plot targeted the tallest nize that because we are at war, we international law to permit the abuse buildings on the west coast with hi should not try terrorists in the same of detainees in U.S. custody. VerDate Aug 31 2005 04:11 Sep 28, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.045 S27SEPT1 hmoore on PROD1PC68 with HMSENATE S10244 CONGRESSIONAL RECORD — SENATE September 27, 2006 While the committee bill was not food, water, or medical care. Nothing dence is reliable unless the accused can perfect—in particular, it included a in this bill would change any of the demonstrate otherwise. very problematic provision on the writ standards of the Geneva Conventions, On the question of search warrants, of habeas corpus—the military com the Detainee Treatment Act, or the the committee bill, the bill which I missions it established would have met Army Field Manual. Nothing in this will be offering as a substitute later on the test of the Supreme Court’s deci bill would authorize the President to today—the committee bill provided sion in the Hamdan case and provided do so.

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