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.”
  

###



Date Title
2/2/16 Ranking Member Smith Statement on Afghanistan Hearing
Date Title
1/22/16 Ranking Member Smith Statement on Terror Attacks in Burkina Faso and Somalia
1/14/16 Ranking Member Smith Statement on Nomination of General Joseph Votel
1/7/16 Ranking Member Smith Statement at Hearing Discussing Acquisition Reform
1/6/16 Ranking Member Smith Statement on North Korea
Date Title
12/10/15 Ranking Member Smith and Ranking Member Speier Statement on Release of Oversight and Investigations Report
12/1/15 Ranking Member Smith Statement at Hearing Examining U.S. Strategy for Syria and Iraq
Date Title
11/25/15 Ranking Member Smith Statement on President Signing 2016 National Defense Authorization Act
11/25/15 Chairman Thornberry and Ranking Member Smith Statement on Kunduz Investigation
11/23/15 Ranking Member Adam Smith Statement on Terrorist Attacks in Mali
11/18/15 Ranking Member Adam Smith Statement on Syrian Refugee Bill Offered by Chairman McCaul
11/18/15 Ranking Member Adam Smith Statement for Hearing on Iraq and Syria
11/17/15 Ranking Member Adam Smith Statement on OPM/DHS/OMB Decision Not To Testify Before HASC
11/13/15 Ranking Member Adam Smith Statement on Terrorist Attacks in Paris
11/5/15 Ranking Member Adam Smith Statement on Passage of NDAA
Date Title
10/30/15 Ranking Member Adam Smith Statement on President’s Announcement of Special Operations Deployment in Syria
10/27/15 Ranking Member Smith Statement at Hearing Examining Shortening the Defense Acquisition Cycle
10/22/15 Ranking Member Smith Statement on NDAA Veto
10/21/15 Ranking Member Smith Statement for DOD Security Cooperation Hearing
10/16/15 Ranking Member Adam Smith Statement on the President’s Announcement Regarding Troop Levels in Afghanistan
Date Title
9/30/15 Ranking Member Adam Smith on Pending Defense Bill Veto
9/30/15 Ranking Member Adam Smith on McCarthy’s Benghazi Comments
9/29/15 Ranking Member Adam Smith on NDAA Conference Report
9/29/15 Ranking Member Smith Statement for Cyber Hearing
9/1/15 Ranking Member Adam Smith Supports Iran Deal