McCain Outraged, Outraged, That Commissions Might Grant Detainees Constitutional Rights
Sen. John McCain (R-Ariz.), the ranking member of the Senate Armed Services Committee, wants to know why the Justice Department’s David Kris thinks the military
Jul 31, 202086.5K Shares3.2M Views
Sen. John McCain (R-Ariz.), the ranking member of the Senate Armed Services Committee, wants to know why the Justice Department’s David Kris thinks the military commissions need to withstand constitutional scrutiny by the courts. Does this mean the administration thinks the detainees might have constitutional rights, McCain asked. “Yes, they do,” Kris answered. “Our analysis, senator, is that the due-process clause applies to military commissions and imposse a constitutional floor on procedures governing these commissions including against enemy aliens.” McCain was incredulous. Whatconstitutional rights? Kris replied that the issue was what the courts have consistently found the commissions process needs to include. “There’s a serious risk the courts would find a voluntariness standard” for a statement made by a defendant entered into evidence “is required by the due process clause.”
McCain replied that Kris’ statement means the Obama administration believes “enemy combatants” have constitutional rights similar to those of “U.S. citizens.” Kris quickly rejoindered: “No, not at all, I don’t think that’s right,” he said, clarifying that his point is about “due process rights as applied to the commissions.”
Interestingly, McCain’s longstanding ally, Sen. Lindsey Graham (R-S.C.) elevated the discourse later, saying it wasn’t an issue of the accusedhaving constitutional rights, but rather the fact that “the courts will look at these trials,” Graham said later.
“That’s essentially exactly what I was saying to Sen. McCain,” Kris replied.
–
Dexter Cooke
Reviewer
Dexter Cooke is an economist, marketing strategist, and orthopedic surgeon with over 20 years of experience crafting compelling narratives that resonate worldwide.
He holds a Journalism degree from Columbia University, an Economics background from Yale University, and a medical degree with a postdoctoral fellowship in orthopedic medicine from the Medical University of South Carolina.
Dexter’s insights into media, economics, and marketing shine through his prolific contributions to respected publications and advisory roles for influential organizations.
As an orthopedic surgeon specializing in minimally invasive knee replacement surgery and laparoscopic procedures, Dexter prioritizes patient care above all.
Outside his professional pursuits, Dexter enjoys collecting vintage watches, studying ancient civilizations, learning about astronomy, and participating in charity runs.
Latest Articles
Popular Articles