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.”
  

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Date Title
11/24/14 Ranking Member Adam Smith on Iran Negotiations
11/14/14 Ranking Member Adam Smith on Republican Calls for Ground Combat Forces
11/13/14 Ranking Member Adam Smith’s Statement for ISIL Hearing
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9/18/14 Ranking Member Adam Smith’s Statement at ISIL Hearing
9/16/14 Ranking Member Adam Smith’s Statement on Syria Resolution
9/10/14 Ranking Member Smith’s Statement on Presidents Speech
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8/7/14 Ranking Member Adam Smith’s Statement on Iraq
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7/30/14 Ranking Member Smith’s Statement at Hearing on Afghanistan
7/29/14 Ranking Member Adam Smith’s Statement at Markup of H. Res. 644
7/29/14 Reps. Adam Smith, Cooper Commend Administration for Holding Russia Accountable for INF Treaty Violations
7/29/14 Ranking Member Smith’s Statement at Hearing on Iraq and Syria
7/23/14 Ranking Member Smith Supports Additional Iron Dome Funding
7/16/14 Ranking Member Adam Smith’s Statement at OCO Hearing
7/14/14 Comments on Letter to President on Consultation with Congress on Iran Sanctions
7/10/14 Ranking Member Adam Smith Statement at Acquisition Hearing
7/9/14 Ranking Member Adam Smith’s Statement on Benghazi Transcripts
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6/19/14 Ranking Member Adam Smith’s Statement on Iraq
6/19/14 Ranking Member Adam Smith’s Statement at Hearing on Iran’s Nuclear Program
6/17/14 Ranking Member Smith’s Statement on Capture of Ahmed Abu Khattala
6/13/14 Ranking Member Smith's Statement on Iraq
6/11/14 Ranking Member Smith’s Statement at Bergdahl Hearing
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5/27/14 Ranking Member Adam Smith on Afghanistan Troop Announcement
5/22/14 Ranking Member Smith’s Statement on Passage of NDAA
5/21/14 Ranking Member Adam Smith Statement on Benghazi Select Committee
5/21/14 Smith Seeks to Prevent Indefinite Detention, Strengthen Federal Courts