I recieved an e-mail from my Representative today on the issue of the Military Commissions Act and what it pertains to, particularly with those at Guantanamo Bay.  I thought I would copy it down for you to read as I found it a very important subject.  These days there is a lot of talk about it in just about anyplace you look.  Below is the e-mail from Representative Ron Kind.

 Thank you for contacting me about the Military Commission Act.  I appreciate hearing from you on this important issue.

On November 13, 2001, President Bush established military commissions to try individuals detained at the U.S. Naval Station in Guantanamo Bay, Cuba.  The legality of these commissions was subsequently challenged before the U.S. Supreme Court.  In Hamdan v. Rumsfeld, the Supreme Court ruled that military commissions were not legal because they did not follow procedural rules similar to those in court-martial proceedings.  In response, Congress passed the Military Commissions Act of 2006 on September 29, 2006, to authorize the use of military commissions.  President Bush signed the legislation into law on October 17, 2006.

While I firmly believe that those responsible for 9/11 and other heinous acts against the United States must be prosecuted and punished, the military commissions bill forced through by the Bush Administration contains critical flaws that I could not support.  Specifically, it expanded the definition of an unlawful enemy combatant as an individual who has engaged in hostilities against the  United States without differentiating between foreigners and American Citizens.  While I do not have a problem with the expanded definition itself, it is critical that we protect U.S. citizens from being tried by a military commission and ensure their constitutional right to a fair trial is maintained.

In addition, I am troubled by the fact that this law threatens an individual's human rights.  Instead of clearly banning abuse and torture of detainees at Guantanamo Bay, Cuba, the legislation grants broad executive authority to interpret the meaning of the Geneva Conventions, leaving open the question of whether we will undertake some of the same actions it aims to ban.  The President, as commander-in-chief, must have freedom to protect Americans, but this freedom must not go unchecked.

Currently, several pieces of legislation regarding the rights of detainees at Guantanamo Bay are pending before the House of Representatives.  The bills would grant habeas corpus, the right to challenge imprisonment or custody without due process, to detainees held at Guantanamo Bay, narrow the definition of an enemy combatant, and limit the authority of the President to determine what human rights apply to detainees held at Guantanamo Bay.  Please be assured that I will keep your thoughts in mind should this legislation come before the House floor for a vote.

As the documented abuse of detainees at Iraq's Abu Ghraib prison demonstrated, mistreatment of prisoners only emboldens our enemies and weakens our standing abroad.  During the Revolutionary War, when asked by his soldiers if they could beat prisoners, George Washington responded, "Treat them with humanity, and let them have no reason to complain of our copying the brutal example of the British army in their treatment of our unfortunate brethren."  If America projects to the world an image of a nation that tramples on individual rights rather than champions them, I believe we will miss the chance to win hearts and minds in enemy lands and will risk making our country and our children less secure in the future.

Again, thank you for contacting me.  Please do not hesitate to be in touch with additional comments or questions.  I also encourage you to visit my web site, www.house.gov/kind where you can find updated information, sign up to recieve my electronic newsletter and send me e-mail.

Sincerely,

Ron Kind

Member of Congress