Democrats Question Tribunal Concept
By JESSE J. HOLLAND, Associated Press Writer
WASHINGTON (AP) - Democrats began making plans Tuesday to fight President Bush's decision to prosecute suspected terrorists before secret military tribunals.
New York Sen. Charles Schumer announced hearings next week on whether the president has the authority to call for tribunals without congressional approval. Ohio Rep. Dennis Kucinich said he would offer legislation this week banning to use of government money to set up the secret trials.
``To come up with the best way to do this, Congress ought to be involved,'' said Schumer, chairman of the Senate Judiciary courts subcommittee.
Bush signed an order earlier this month allowing the Pentagon to form military courts to try non-U.S. citizens suspected of terrorism. White House lawyers say military tribunals could be conducted in secret outside the United States to protect against retaliation and the exposure of intelligence sources.
The idea has been criticized by members of Congress and civil libertarians, who say the civilian court system and due-process protections should be made available to terrorism suspects.
Attorney General John Ashcroft will come before the Senate next week to defend the administration's actions. Assistant Attorney General Michael Chertoff will face the Senate Judiciary Committee on Wednesday.
In a letter released Tuesday, Kucinich and 38 other House members wrote, ``We oppose the creation of military tribunals, which would permit secret arrests, secret charges using secret evidence, secret prosecutions, secret witnesses, secret trials, secret convictions, secret sentencing and even secret executions.''
The only two non-Democrats who signed the letter were GOP Rep. Bob Barr of Georgia and independent Rep. Bernie Sanders of Vermont.
Kucinich said he plans to put an amendment on the Defense Department spending bill this week that would keep the government from spending public money to create and operate the military tribunals.
Schumer said he was not as opposed to the idea of military tribunals as Kucinich is, but thought that Bush should have consulted Congress before unilaterally deciding to have tribunals as an option.
``If we have a congressional process to vet this proposal, we'll gain a number of things,'' Schumer said. ``We'll gain more balance; we'll gain legitimacy; foreign countries like Spain will look at the process better; and we'll gain a system of checks and balances, which certainly should apply to this situation, which is a large feeding of power to the executive branch.''
Spain's government has said it would not extradite a group of al-Qaida suspects it has in custody unless the United States promises that the suspects won't face the death penalty or trial in a military court.
Schumer said he also wants a discussion on whether Bush has the authority to create a military tribunal without congressional approval. There were military tribunals during World War II, but Congress approved of those first, Schumer said.
``Certainly the joint resolution of Congress from Sept. 18 gives the president the authority to prevent future actions of international terrorism against the U.S., but using that language alone as authorization for military tribunals may be too broad a reach,'' Schumer said. ``It is also unclear whether the president's powers as commander in chief or those under the Uniform Code of Military Justice give him that authority. So there are a lot of questions to be answered.''
Schumer said he would hold a hearing next Tuesday to get some answers, although he did not immediately know who from the Justice Department or the White House would attend.
Write the congress and senate and ask them who the heck they represent!
These idiots need a attitude adjustment. IMHO.
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