Washington D.C. – The Ranking Member of the House Armed Services Committee, Congressman Adam Smith (WA-09), and Senator Mark Udall (CO), a member of the Senate Armed Services and Intelligence committees, unveiled legislation (summary) at a press conference today to ensure that any individual detained on U.S. soil under the Authorization of Military Force (AUMF) has access to due process and the federal court system.
 
The bills also prohibit military commissions and indefinite detention for individuals detained in the United States and affirm that any trial proceedings “shall have all the due process as provided for under the Constitution.” 
 
In unveiling their companion bills, Smith and Udall made the following statement:
 
“Current law gives the executive branch too much power.  By ensuring all due process rights enshrined in the Constitution, our legislation protects civil rights and ensures national security. The bills clarify that the only options for anyone detained in the United States pursuant to the Authorization for Use of Military Force (AUMF) are Article III courts (federal) and state courts.  They prohibit military commissions and indefinite detention. 

“In addition to protecting civil liberties, these bills strengthen one of our strongest assets in trying suspected terrorists:  Article III courts and domestic law enforcement.  Federal courts have a proven track record of success: Over 400 defendants charged with crimes related to international terrorism have been successfully convicted in the United States since 9/11.
 
“Additionally, our civilian law enforcement also has a proven track record of success as demonstrated by the recent mandatory life sentence received by Umar Farouk Abdulmutallab, the “underwear bomber.”  This conviction builds on a history of success.  In fact, more than 300 individuals convicted of crimes related to international terrorism are currently incarcerated in federal prisons within the United States with no escapes or retaliatory attack. 
 
“While some claim we should shy away from using a court system that has been a model for the world for more than 200 years, we believe that we should embrace it.  We should not fear our Constitution.  We should embrace it.”
  

###



Date Title
4/8/14 MEDIA ADVISORY: Ranking Members Smith, Cummings to Discuss Benghazi at Press Availability
4/8/14 Ranking Member Smith’s Statement at Russia Hearing
4/3/14 Ranking Member Adam Smith’s Statement at QDR Hearing
4/2/14 Smith’s Statement at Strategic Command, U.S Forces Korea Hearing
Date Title
3/27/14 Ranking Member Adam Smith on Partisan Response to U.S. Ukraine Policy
3/25/14 Ranking Member Smith’s Opening Statement at Army Posture Hearing
3/14/14 Ranking Member Smith’s Statement on Air Force Posture Hearing
3/13/14 Ranking Member Adam Smith’s Statement at Afghanistan Hearing
3/12/14 Ranking Member Adam Smith’s Statement at Navy Posture Hearing
3/6/14 Ranking Member Adam Smith’s Statement at Defense Budget Hearing
Date Title
2/26/14 Ranking Member Adam Smith’s Statement at SOUTHCOM and NORTHCOM Posture Hearing
2/24/14 Ranking Member Smith Statement on Defense Budget Preview
2/11/14 Ranking Member Smith’s Statement on Last Minute Sequestration Bill
2/11/14 Smith, Tsongas Statement on Republican Benghazi Report
2/4/14 Ranking Member Smith’s Statement on Rob Andrews Retirement
2/4/14 Ranking Member Smith’s Statement at Hearing on Future of al Qaeda
Date Title
1/29/14 Ranking Member Adam Smith on Release of Dangerous Afghan Detainees
1/28/14 Ranking Member Adam Smith’s Statement at Asia-Pacific Hearing
1/16/14 Smith’s Statement on McKeon Retirement
1/8/14 Ranking Member Adam Smith Statement McIntyre Retirement
1/3/14 Ranking Member Smith’s Statement on Recent Detainee Transfer
Date Title
12/27/13 Smith’s Statement on Signing of National Defense Authorization Act
Date Title
11/20/13 Ranking Member Adam Smith’s Opening Statement at Hearing on China Report
11/13/13 Ranking Member Adam Smith to Offer Remarks on Syria
11/12/13 Ranking Member Adam Smith’s Statement on Veterans Day