May 27, 2004 Letter to Senators Warner and Allen
and Representative Moran
and Representative Moran
PO Box 8208
Alexandria, VA 22306-8208
May 27, 2004
The Honorable John William Warner
United States Senate
225 Russell Senate Office Building
Washington, DC 20510-4601
The Honorable George F. Allen
United States Senate
204 Russell Senate Office Building
Washington, DC 20510-4604
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
As your constituent, I strongly urge you to oppose the practice of indefinite detention of so-called “enemy combatants” without charges, without a trial and without a right to a lawyer, and to oppose any legislation that would endorse this practice. By detaining individuals without charging them with a crime, the Bush Administration is violating international law and the U.S. Constitution.
I understand that indefinite confinement of a so-called “enemy combatant” without charge in a military brig violates the Constitution even in wartime. Our system of checks and balances was designed to ensure that individual liberty does not rest on the good faith of government officials. The rule of law assures us that proper checks and balances are placed on the exercise of government authority.
I have read that prisoners who are detained in a zone of combat operations, such as those captured in Iraq and Afghanistan, need not be criminally charged but can, consistent with the Geneva Conventions, be held as prisoners of war or as “civilian internees.” While temporary military detention may be lawful for U.S. citizens who are captured fighting for the other side, they must promptly be taken out of the combat zone and given judicial review (as occurred, for example, with John Walker Lindh). The Bush Administration’s treatment of other prisoners, even those in the United States, as “enemy combatants” violates both the U.S. Constitution and the Geneva Conventions and must be ended.
I believe that access to a lawyer and a trial is critical to ensuring innocent people are not unfairly detained. If the government has evidence an individual is involved with terrorist activities, it can charge the person with a crime under existing law. By not giving innocent people the chance to prove their innocence, the government is committing a grave injustice.
Once again, I urge you to oppose the Bush Administration’s practice of indefinite detention and to oppose any legislation that would endorse or support this practice. I believe that individuals should never be held without access to a lawyer or the opportunity to prove their innocence at a trial.
As a former Marine and Gulf War veteran, I look forward to hearing your thoughts on this matter.
Sincerely,
James Landrith
June 1, 2004
Mr. James Landrith
PO BOX 8208
Alexandria, Virginia 22306-8208
Dear Mr. Landrith:
Thank you for contacting my office and sharing your thoughts regarding the detaining of “enemy combatants.”
As you may know, the Fifth and Sixth Amendments to the Constitution guarantee terrorists or anyone else accused of a federal crime certain procedural rights including due process and the right to a speedy, public trial before an impartial jury. On November 13, 2001, President Bush issued a military order authorizing the Secretary of Defense to detain and try by military commission (rather than in a federal court) specifically designated terrorists and their supporters.
In doing so, he concluded that the rights and procedures available to those accused of federal crimes under the Constitution, the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence were “not practicable to apply in military commissions.” The order, which only applies to non citizens, nevertheless calls for a “full and fair trial” before the military commissions. The Secretary of Defense has issued implementing procedures in his Military Commission Order No.1 (March 21, 2002). To date, there has been no publicly announced trial by military commission in this country of any terrorist.
This administration’s direction regarding the war on terrorism and its loose adherence to civil liberties is very troubling. In the name of increased security and combating terrorism, we cannot afford to strip people’s basic human rights. These founding principles are what have made our country the bastion for freedom and democracy to the world. Rest assured that I will keep your comments in mind and continue to stand up to this administration in opposition to wrong-headed policies I believe are detrimental to the public’s long-term well-being,
Please feel free to visit my website at http://www.house.gov/moran which contains information on topics that may be of interest to you. Thank you again for contacting me on this important issue.
Yours truly,
James P. Moran
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