Detailed Summary

Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things: (1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilian military defense counsel; (2) exclude statements made by coercion; (3) authorize the Secretary of Defense to make exceptions to commission procedures and rules of evidence as required by unique circumstances of military or intelligence operations during hostilities; (4) provide for self-representation by the accused, while requiring assistance by military defense counsel; (5) authorize the military judge to dismiss charges or take other action upon a determination that substitute information for classified exculpatory evidence is insufficient to protect the fair trial right of the defendant; (6) require commission decision review by the U.S. Court of Appeals for the Armed Forces rather than by the Court of Military Commission Review; (7) provide the scope of review of detention-related decisions; (8) repeal a provision of the Military Commissions Act of 2006 prohibiting invoking the Geneva Conventions (Conventions) or similar protocols in any habeas corpus or other action to which the United States is a party; (9) require the President to notify other parties to the Conventions that the United States expects members of U.S. Armed Forces and other U.S. citizens detained in a conflict not of an international character to be treated in a manner consistent with the Conventions; (10) include as War Crime offenses the denial of trial rights and the imposition of cruel, inhuman, or degrading treatment or punishment; (11) restore habeas corpus for individuals detained by the United States; and (12) provide for expedited judicial review of civil actions that challenges any provision of the Military Commissions Act of 2006.

Status of the Legislation

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Points in Favor

From the American Civil Liberties Union:

In the final hours before adjourning last year, Congress passed and the President signed the Military Commissions Act (MCA). In doing so they cast aside the Constitution and American values.

The MCA eliminated for certain persons the Constitution's due process protection of habeas corpus, the basic right to have a court decide if a person is imprisoned legally or illegally. The MCA allows our government to continue to hold hundreds of prisoners for more than five years without charges, with no end in sight.

In addition, the MCA lets any president declare--on his or her own--who is an enemy combatant, decide who should be held indefinitely without being charged with a crime, and define what is and what is not torture and abuse.

The Restoring the Constitution Act of 2007, introduced by Senator Christopher Dodd (D-CT), Congressman Jerrold Nadler (D-NY) and Congresswoman Jane Harman (D-CA), fixes the problems that the Military Commissions Act caused in undermining the Constitution and the rule of law. The legislation restores habeas corpus and due process to detainees at Guantanamo Bay and to other detainees held indefinitely by the federal government.

It also stops any president from arbitrarily deciding who is an enemy combatant and ensures that no one will be prosecuted based on evidence literally beaten out of a witness. The bill makes clear that the Constitution is the law of the land and that no president can make up his or her own rules regarding torture and abuse.

The Bush administration is working hard to stop this vital legislation, so Congress needs to hear from you now. Please contact your Members of Congress and tell them to defend due process, restore the Constitution, and protect what makes us Americans by cosponsoring the Restoring the Constitution Act of 2007.

Points Against

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