From Sen Cornyn re: Detainees
Dear Mr. Martin:
Thank you for contacting me regarding the Obama Administration’s policy on the detention of terrorist suspects. I appreciate having the benefit of your comments on this important matter.
In March 2009, the Obama Administration announced its policy regarding the government's authority to detain terrorist suspects, officially stating in a “Detention Authority Memorandum” that the President has the authority to “detain persons that the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks. According to the memorandum, the President also has the authority to "detain persons who were part of, or substantially supported, Taliban or al Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in aid of such enemy armed forces.” President Obama has subsequently stated that some detainees currently being held at Guantanamo Bay may necessitate indefinite detention.
As you may know, the Detainee Treatment Act of 2005 (P.L. 109–163) requires that every detainee has the right to appear before a Combatant Status Review Tribunal (CSRT) to challenge his detention. A detainee may challenge the CSRT's procedures and decision-making in federal court and also seek review by the Supreme Court of the United States. Furthermore, Congress overwhelmingly passed the Military Commissions Act (MCA; P.L. 109–366) in 2006. This important legislation authorized the trial of certain detainees by military commission and has been used to prosecute unlawful enemy combatants—such as members of al Qaeda—who have played key significant roles in terrorist attacks on the United States.
I am aware that critics of the MCA argue that the MCA does not provide sufficient rights for captured terrorists who wish to challenge their detentions. In reality, this legislation does not prohibit a detainee from having a fair process through which to challenge his detention. Any detainee under the control of the U.S. Armed Forces has a number of procedural protections that a captured American soldier would not have, even under the Geneva Conventions. Although current law does not provide al Qaeda terrorists with the same legal rights available to U.S. citizens accused of a crime, it does ensure that terrorists like Khalid Sheikh Mohammed are brought to justice and that the U.S. is not forced to hand over classified information that would threaten our national security.
We are a compassionate nation, and a civilized one. But it is the duty of those in public office, first and foremost, to ensure the safety and security of our citizens. Texans can be confident that I will do everything possible in the U.S. Senate to ensure that the federal government fulfills this primary responsibility. I appreciate the opportunity to represent you in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
Thank you for contacting me regarding the Obama Administration’s policy on the detention of terrorist suspects. I appreciate having the benefit of your comments on this important matter.
In March 2009, the Obama Administration announced its policy regarding the government's authority to detain terrorist suspects, officially stating in a “Detention Authority Memorandum” that the President has the authority to “detain persons that the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks. According to the memorandum, the President also has the authority to "detain persons who were part of, or substantially supported, Taliban or al Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in aid of such enemy armed forces.” President Obama has subsequently stated that some detainees currently being held at Guantanamo Bay may necessitate indefinite detention.
As you may know, the Detainee Treatment Act of 2005 (P.L. 109–163) requires that every detainee has the right to appear before a Combatant Status Review Tribunal (CSRT) to challenge his detention. A detainee may challenge the CSRT's procedures and decision-making in federal court and also seek review by the Supreme Court of the United States. Furthermore, Congress overwhelmingly passed the Military Commissions Act (MCA; P.L. 109–366) in 2006. This important legislation authorized the trial of certain detainees by military commission and has been used to prosecute unlawful enemy combatants—such as members of al Qaeda—who have played key significant roles in terrorist attacks on the United States.
I am aware that critics of the MCA argue that the MCA does not provide sufficient rights for captured terrorists who wish to challenge their detentions. In reality, this legislation does not prohibit a detainee from having a fair process through which to challenge his detention. Any detainee under the control of the U.S. Armed Forces has a number of procedural protections that a captured American soldier would not have, even under the Geneva Conventions. Although current law does not provide al Qaeda terrorists with the same legal rights available to U.S. citizens accused of a crime, it does ensure that terrorists like Khalid Sheikh Mohammed are brought to justice and that the U.S. is not forced to hand over classified information that would threaten our national security.
We are a compassionate nation, and a civilized one. But it is the duty of those in public office, first and foremost, to ensure the safety and security of our citizens. Texans can be confident that I will do everything possible in the U.S. Senate to ensure that the federal government fulfills this primary responsibility. I appreciate the opportunity to represent you in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
