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Mukasey Seeks War Declaration on al Qaeda
Congress should explicitly declare war against al Qaeda and write new rules for legal challenges by terrorism suspects following a Supreme Court ruling on the rights of Guantanamo prisoners, U.S. Attorney General Michael Mukasey said on Monday. Mukasey urged Congress to pass such legislation as the first U.S. war crimes trial got under way at the U.S. Naval base in Guantanamo Bay, Cuba, where prisoners in the U.S.-declared war on terrorism are held in a detention center condemned internationally for harsh treatment. Democrats in control of Congress and civil rights groups reacted coolly to Mukasey's proposals, saying they would avoid judicial oversight and stack the deck in favor of the administration. The legislation is needed to conform with a landmark Supreme Court ruling last month that Guantanamo prisoners have the constitutional right known as "habeas corpus" to challenge their detention in federal court, Mukasey said in a speech to the American Enterprise Institute. A new law should prohibit courts from ordering a detainee to be released within the United States, protect secrets in court hearings, ensure that soldiers are not taken from the battlefield to testify and prevent challenges from delaying detainee trials. In addition, he said, "Any legislation should acknowledge again and explicitly that this nation remains engaged in an armed conflict with al Qaeda, the Taliban and associated organizations, who have already proclaimed themselves at war with us." "Congress should reaffirm that for the duration of the conflict the United States may detain as enemy combatants those who have engaged in hostilities or purposefully supported al Qaeda," and related groups, he said. A week after the September 11 attacks Congress authorized "all necessary and appropriate force" against nations and groups that planned or supported the attacks. It did not specifically mention al Qaeda, which carried out the attacks, or their Taliban allies. Some critics have said the Bush administration was too broad in asserting a nameless "war on terrorism," and some legal challenges have said the government failed to show a detainee's sufficient connection to al Qaeda to justify continued imprisonment under the 2001 resolution. Mukasey said the administration already has legal authority to battle terrorism. However, he said, "It would do all of us good to have the principle reaffirmed, not that that principle itself is in doubt." Posted by: Fred 2008-07-22 |
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