Some Democratic senators are shoring up efforts to see that terrorist suspects can be tried in federal courts in the latest feud with Republicans over the role of military courts and prison facilities in Guantanamo Bay.
In a letter to Senate Majority Leader Harry Reid (D-Nevada) sent Friday, several Democratic members of the Judiciary Committee and the Select Committee on Intelligence asked Reid to work toward ensuring that the annual defense authorization bill does not contain provisions that would outlaw trials for terrorist suspects in federal courts, and make permanent strict requirements for transferring prisoners out of Guantanamo Bay.
The senators also expressed a concern that the provisions in Section D — known as “Detainee Matters” — could lead to the detention of American citizens without due process.
“We support the majority of the provisions in this bill, which further national security and are of great importance to the needs of the men and women in our armed forces, but we cannot support the controversial detention policy provisions,” said the letter, which was signed by Sens. Patrick Leahy (D-Vt.), chairman of the Judiciary Committee, Dianne Feinstein (D-Calif), chairman of the Select Committee on Intelligence, and most members of the two committees.
“The executive branch must have the flexibility to consider various options for handling terrorism cases, including the ability to prosecute terrorists for violations of U.S. law in federal criminal courts,” the letter stated, adding that the White House “has made clear its opposition to requiring military custody for terrorism suspects.”
Attorney General Eric Holder recently hailed civilian trials for terror suspects on October 12, after Umar Farouk Abdulmutallab — the “Underwear Bomber” who attempted to blow up a Northwest Airlines plane that had flown from Amsterdam to Detroit — pleaded guilty in the U.S. District Court in the Eastern District of Michigan.
The Democratic senators described the Section D provisions in question — 1032 and 1033 — as “unprecedented” and potentially unconstitutional and inconsistent with the Authorization for Use of Military Force that was signed a week after the attacks of September 11, 2001.
In addition to arguing that the provisions could interfere with counterterrorist operations by federal law enforcement officials, the senators also claimed that they could allow for the indefinite detention of American citizens without charge or trial.
The senators also criticized provision 1033, claiming that it limited the ability of the United States to transfer prisoners out of Guantanamo Bay.
“Professionals in the intelligence community and law enforcement need the flexibility to use all tools to effectively interrogate, incarcerate, and bring terrorists to justice,” the letter said.
Sen. Charles Grassley (R-Iowa), the ranking Republican on the Senate Judiciary Committee, however, defended the bill’s detainee provisions.
“As we learned from the Attorney General’s failed attempt to prosecute Khalid Sheikh Mohammed in New York City, American citizens are demanding that our federal court and prison systems be off-limits to terrorists,” the Senator told Main Justice. “Housing people and holding a trial for people who want to kill Americans has no place in any state, be it New York, California, or Vermont, and would introduce needless risk and burdens on communities.”
