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Michael Otterman is currently a Visiting Scholar at the Centre for Peace and Conflict Studies at the University of Sydney, as well as an award-winning journalist and filmmaker.
Tuesday, February 13, 2007
Legislative Litmus
Today, presidential hopeful Chris Dodd unveiled the Restoring the Constitution Act of 2007. Dodd, a US Senator from Connecticut and self described dark horse candidate, authored the new law as "a response", he said, to the patently unconstitutional Military Commissions Act (MCA). In addition to restoring habeas to aliens detained by the United States, the proposed legislation strikes down one of the most vile elements of the MCA-- the right to prosecute unlawful enemy combatants using coerced evidence.
According to the current military commissions manual: "Statements 'in which the degree of coercion is disputed' may be admitted if reliable, probative, and the admission would best serve the interests of justice." Dodd's legislation-- co-sponsored by Leahy, Feingold, and Menendez-- includes the following provision: "EXCLUSION OF STATEMENTS OBTAINED BY COERCION - A statement obtained by use of coercion shall not be admissible in a military commission under this chapter, except against a person accused of coercion as evidence that the statement was made."
The new legislation, available here, is a bold step in the right direction-- I hope it gains wide support. Debate surrounding the Restoring the Constitution Act of 2007 will no doubt act as a revealing litmus test. It will be interesting to observe who actively supports the legislation, who keeps quiet about it, and who will use it to accuse opponents of being "soft on terror".
According to the current military commissions manual: "Statements 'in which the degree of coercion is disputed' may be admitted if reliable, probative, and the admission would best serve the interests of justice." Dodd's legislation-- co-sponsored by Leahy, Feingold, and Menendez-- includes the following provision: "EXCLUSION OF STATEMENTS OBTAINED BY COERCION - A statement obtained by use of coercion shall not be admissible in a military commission under this chapter, except against a person accused of coercion as evidence that the statement was made."
The new legislation, available here, is a bold step in the right direction-- I hope it gains wide support. Debate surrounding the Restoring the Constitution Act of 2007 will no doubt act as a revealing litmus test. It will be interesting to observe who actively supports the legislation, who keeps quiet about it, and who will use it to accuse opponents of being "soft on terror".