Reaction Of Sen. Patrick Leahy, D-Vt.,
Ranking Member, Judiciary Committee
On Supreme Court’s Decision In Hamdan Case
June 29, 2006

“The Justices have given our system a constitutional tonic that is sorely needed if we are to counter terrorism effectively, efficiently and with American values.  This decision is a triumph for our constitutional system of checks and balances. I commend the Justices for acting as a much needed check on this Administration’s unilateral policies that have clearly stretched the bounds of the President’s constitutional authority. 

“I introduced a bill more than four years ago that would have ensured the constitutionality of military tribunals and protected any convictions they might yield, while at the same time showing the world that we will fight terrorists without sacrificing our values. My bill offered the President a bipartisan model of how to avoid this mess.  He refused to work with me or the Congress but insisted on going it alone.  

“We can show by example how we expect our soldiers and citizens to be treated if they are swept into foreign courts or tribunals, and do it without ignoring our laws or our principles.  The Justices have given our system a constitutional tonic that is sorely needed if we are to counter terrorism effectively, efficiently and with American values.  

“For five years, the Bush-Cheney Administration has violated fundamental American values, tarnished our standing in the world and hindered the partnerships we need with our allies.  This arrogance and incompetence have delayed and weakened the handling of the war on terror, not because of any coherent strategic view it had, but because of its stubborn unilateralism and dangerous theory of unfettered power. 

“We have spent a remarkable amount of time in Congress recently in dealing with symbols and proposed constitutional amendments.  We need to refocus on our priorities and get the war on terror back on a lawful and constitutional footing.  I remain ready to work with the President, as I have repeatedly offered over the years, to ensure that the war on terror is prosecuted consistent with our laws and fundamental values.”

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