February 13, 2008 -
Today, Rep. Howard P. “Buck” McKeon (R-CA), Ranking Republican Duncan Hunter (R-CA), and Republican members of the U.S. House Armed Services Committee released comments on the Department of Defense’s decision yesterday to swear charges against six terrorists being held at Guantanamo Bay, including Khalid Sheikh Mohammed and other terrorists alleged to have been responsible for the 9/11 attacks on America.
U.S. Rep. Howard P. "Buck" McKeon (R-CA): "The Defense Department’s announcement that charges have been sworn again six detainees at Guantanamo for conspiring against America in the fateful 9/11 attacks is a welcomed message of justice. The criminal charges are an important part of the process of healing for the families of the 9/11 victims and for the nation."
U.S. Rep. Duncan Hunter (R-CA): “The newly developed justice system in the war on terror is now moving Khalid Sheikh Mohammed and other terrorists involved in the 9/11 attacks toward their inevitable accounting to the American people. This should send a message to all would-be terrorists that attacks on America and her interests will bring inescapable justice to those who would harm America. As a participant in the development of this new body of law, I am confident in its legal soundness and I look forward to its continued utilization.”
U.S. Rep. Todd Akin (R-MO): “Our nation has always stood for justice and the rule of law, and I’m glad that the administration and Congress have put together a system to handle these accused terrorists. Justice is a sharp sword that frees the innocent and condemns the guilty. It is time that these men face justice.”
U.S. Rep. Joe Wilson (R-SC): “In the aftermath of September 11th, it is the obligation of this government to bring to justice those responsible for the horrible attacks on our homeland. The decision by the Department of Defense to bring charges against Khalid Sheikh Mohammed and alleged fellow conspirators is an appropriate step towards that goal. Unlike our enemies, Americans believe in the rule of law and the necessity of justice in a peaceful and secure society. It is those values which will guide these proceedings.”
U.S. Rep. Mike Turner (R-OH): “As we move forward with this trial, our thoughts should be with the families of the victims of September 11. I am hopeful that this process will bring them closure and that the trial will reach a just and prompt conclusion.”
U.S. Rep. Phil Gingrey, M.D. (R-GA): “It is high time that Khalid Sheikh Mohammed and the other terrorists accused in the attacks on 9/11 be brought to justice. Terrorists who seek to harm the United States need to understand that there will be serious consequences for committing atrocities upon Americans, our homeland, or our interests abroad. I have full confidence that the terrorist defendants will receive fair trials, and am pleased that our government is sending the strong message that such acts will be prosecuted to the fullest extent of the law.”
U.S. Rep. Trent Franks (R-AZ): "When I am reminded of the litany of legal privileges the Military Commissions Act bestows to even the most heinous type of criminal, I am astounded by the graciousness of Americans and the great care we take to ensure due process and the rights of the accused, even those whose alleged actions mercilessly took the lives of 2,973 innocent people, including eight children. I am glad to see our newly created justice system for the war on those who employ terrorism is moving along and that those behind the grisly 911 attacks will finally become truly acquainted with the thing they hate the most—a country governed by law and not by men, in which the guilty are tried and receive their due punishment."
U.S. Rep. Bill Shuster (R-PA): “The Department of Defense made the right decision in seeking the death penalty against Khalid Sheikh Mohammed and the five other men responsible for planning and executing the 9/11 attacks. These terrorists are remorseless for their murder of 3,000 innocents and I am certain that if given the chance, they would attack us again.”
U.S. Rep. Thelma Drake (R-VA): “I am pleased to see that the Department of Defense is moving to hold the terrorists responsible for the 9/11 attacks accountable. No punishment can bring the victims of this national tragedy back to their loved ones, but at least the United States can bring justice to the conspirators.”
U.S. Rep. Doug Lamborn (R-CO): “The world will be watching as the six terrorists, including Khalid Sheikh Mohammed, are brought to justice for the roles they played in carrying out the horrific attacks on America on September 11, 2001. Among those watching will be terrorists throughout the world that wish to do harm to America. It is important that the message these tribunals send to potential terrorists is that America will not stop in our pursuit for justice and that justice will indeed prevail.
“The terrorists will undergo this legal process outlined in the Military Commissions Act to ensure the integrity of our justice system is preserved. While the Military Commissions Act became law before I became a Member of Congress, I am glad to see that its legal doctrine will bring to justice known unlawful enemy combatants while affording them the rights under the legal process that we as Americans hold so dear. At last the family and friends of the victims from the 9/11 terrorist attacks will have the opportunity to feel a sense of peace and closure as the six terrorists are brought to justice.”
Rep. Hunter highlighted the following rights that are granted to accused terrorists under the Military Commissions Act:
- Right to counsel;
- Right to an impartial judge;
- Presumption of innocence;
- Standard of proof beyond a reasonable doubt;
- Right to be informed of the charges as soon as practicable;
- Right to service of charges sufficiently in advance of trial;
- Right to reasonable continuances;
- Right to peremptory challenge against members of the commission and challenges for cause against members of the commission and the military judge;
- Witness must testify under oath—judges, counsel and members of military commission must take oath;
- Right to enter a plea of not guilty;
- Right to obtain witnesses and other evidence;
- Right to exculpatory evidence as soon a practicable;
- Right to be present at all proceedings. Classified evidence will be redacted or summarized and will not include sources or methods;
- Right to public trial except for national security issues or physical safety issues;
- Right to have any findings or sentences announced as soon as determined;
- Right against compulsory self-incrimination;
- Right against double jeopardy;
- Right to the defense of lack of mental responsibility;
- Voting by members of the military commission by secret written ballot;
- Prohibitions against unlawful command influence toward members of the commission, counsel or military judges;
- Two-thirds vote of members required for conviction;
- Three-fourth vote required for sentences of life or over ten years;
- Unanimous verdict required for death penalty;
- Verbatim authenticated record of trial;
- Cruel or unusual punishments prohibited;
- Treatment and discipline during confinement the same as afford to prisoners in U.S. domestic courts;
- Right to review of full factual record by convening authority; and
- Right to at least two appeals including to a federal Article III appellate court
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