Senator Christopher Dodd has written a letter to President Bush asking him not to implement the Military Commissions Act of 2006 (aka the torture bill, aka the habeas corpus bill) until after Donald Rumsfeld has been replaced as Secretary of Defense. Dodd is making the incredibly reasonable request that a lame-duck SecDef not make sweeping policy changes that a new congress and a new SecDef might undo within weeks of implementation. The Effective Terrorist Prosecution Act is Dodd’s legislation to neuter the MCA and it should receive prompt consideration in January. A fight with Dodd over Rumsfeld’s disaster policy would just be sour grapes by the Bush administration.

November 28, 2006

Dear President Bush:

I am writing to urge you to refrain from any action that would essentially implement Public Law 109-366, the Military Commissions Act of 2006, until the new Secretary of Defense has been confirmed and has had the opportunity to undertake his own review of this statute and related draft implementing regulations. I strongly believe that terrorists who seek to destroy America must be punished for any wrongs they commit against this country. But in my view, in order to sustain America’s moral authority and win a lasting victory against our enemies, such punishment must be meted out only in accordance with the rule of law.

It is my belief that the provisions of the Military Commissions Act run counter to these very aims, and may actually undermine the judicial system established by the Uniform Code of Military Justice. Moreover, having thoroughly examined the provisions of this controversial law and consulted various military legal authorities, I remain convinced that its hasty implementation might leave U.S. servicemen and women unprotected by the safeguards of the Geneva Conventions and vulnerable to abuse overseas.

With the nomination of a new Secretary of Defense, I believe that you took a commendable step toward establishing a new direction in U.S. national security policy, and, what I hope is a renewed commitment to universally accepted principles of human rights. To prosecute America’s war on terrorism, it is my view that our new Secretary of Defense will have to thoroughly vet the provisions of the Military Commissions Act. In so doing, he should consult Congress as well as members of the Judge Advocate General’s Corps to establish an effective system for bringing terrorists to justice that ensures compliance with our international obligations while promoting the rule of law.

I appreciate your consideration of this request.

Sincerely,
CHRISTOPHER J. DODD
United States Senator

A similar letter to Rumsfeld is below the fold. The press release is here. Dodd explains some of his justifications for wanting to act rightly on the MCA in this video from a couple weeks ago.




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November 28, 2006

Dear Secretary Rumsfeld:

I am writing to urge your Department to refrain from any action that would essentially implement Public Law 109-366, the Military Commissions Act of 2006, until the new Secretary of Defense has been confirmed and has had the opportunity to undertake his own review of this statute and related draft implementing regulations. I strongly believe that terrorists who seek to destroy America must be punished for any wrongs they commit against this country. But in my view, in order to sustain America’s moral authority and win a lasting victory against our enemies, such punishment must be meted out only in accordance with the rule of law.

It is my belief that the provisions of the Military Commissions Act run counter to these very aims, and may actually undermine the judicial system established by the Uniform Code of Military Justice. Moreover, having thoroughly examined the provisions of this controversial law and consulted various military legal authorities, I remain convinced that its hasty implementation might leave U.S. servicemen and women unprotected by the safeguards of the Geneva Conventions and vulnerable to abuse overseas.

I believe that your successor has a good opportunity to make significant changes to our national security policy and renew our commitment to universally accepted principles of human rights. Prosecuting America’s war on terrorism, in my view will require a fresh set of eyes to thoroughly vet the provisions of the Military Commissions Act. In so doing, I hope that he will be advised to consult Congress as well as members of the Judge Advocate General’s Corps to establish an effective system for bringing terrorists to justice that ensures compliance with our international obligations while promoting the rule of law.

I appreciate your consideration of this request.

Sincerely,
CHRISTOPHER J. DODD
United States Senator