Detainee Language In Defense Bill Irks Pentagon's Top Lawyer
By Lisa Kellman
Defense Department General Counsel Jeh Johnson spoke out Tuesday against provisions of the National Defense Authorization Act’s (NDAA) that would force give the military full control of handling suspected terrorists.
The Senate and House have each drafted versions of the 2012 NDAA, the primary funding bill for the Department of Defense, and while there is broad agreement on the major issues, the detainee-related provisions inserted by Republicans are a point of contempt.
The provisions would amend the 2001 Authorization for Use of Military Force (AUMF) Act that gave the president increased authority to capture and prosecute suspected terrorists. The new policies proposed would restrict transfer of detainees out of U.S military prisons and force civilian governments to turn over terror suspects to the U.S. military.
Johnson, who spoke at The Heritage Foundation, argued that pending legislation from Congress will “limit the executive branch’s and military’s counterterrorism options, complicate our efforts to achieve continued success and will make military detention more controversial, not less.”
Johnson recommended a “less controversial, more credible and sustainable legal framework” similar to that afforded by the AUMF.
The Washington Post has more on the story…
al qaeda, authorization, funds, house, jeh johnson, military, senate in Congress, Pentagon
Durbin: Try Terrorists Through Federal Court, Not Military Commission
Suspected terrorists must be prosecuted through federal civilian courts and not military commissions, said Senate Majority Whip Dick Durbin (D-Ill) at a Terrorism and Homeland Security Subcommittee hearing Tuesday.
Senator Jon Kyl (R-Ariz.) argued that unforseen national security risks arise when terrorists are tried in federal civilian courts. He explained how during the prosecution of Ramsey Yusef, who was involved in plotting the 1993 World Trade Center bombing, a seemingly innocent piece of testimony concerning the delivery of a cell phone battery allowed at-large terrorists to discover that a means of communication had been compromised.
According to Senate Majority Whip Dick Durbin (D-Ill.), the only reason that the security risk occurred during Yusef’s trial was because prosecutors failed to employ the Classified Information Procedures Act (CIPA). Durbin says the government prosectors bypassed the use of CIPA so as to not release the names of several unindicted co-conspirators. Durbin added that he believes the government has learned from its mistakes.
“To argue that American courts cannot prosecute terrorists? Look at the facts. We’ve not only done it in the past, we’re doing it now,” said Durbin. He explained that 145 terrorists were convicted and sentenced in federal courts from September 11, 2001 through the end of 2007. Jeh C. Johnson, General Counsel for the Department of Defense, said that only three terrorists have been convicted through military commissions since 9/11.
Durbin also made his case for closing down the U.S. detention facility at Guantanamo Bay, Cuba, saying that no prisoner has ever escaped from a federal super maximum security facility.
“If we don’t bring suspected terrorists to this country to be prosecuted and detained, it’s almost impossible to close Guantanamo,” he said.