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"The Committee will come to order.
"This morning’s hearing will continue the constructive conversation that we began last
week with the top military attorneys of the services on reforming the Military Commissions Act of 2006. I look forward to hearing the perspectives of today’s distinguished witnesses on what amendments are needed to ensure that we finally end up with a system that can withstand judicial scrutiny and ensure that convictions stick. We certainly welcome our witnesses’ thoughts on what legislative changes are most necessary and how the existing law can be improved.
"In addition to military commissions reform, today’s hearing addresses other key detainee policy issues, such as the closure of the detention facilities at Guantanamo Bay, Cuba, and law-of-war detention.
"We initially had hoped that a major report addressing these critical issues would have been released earlier this week, as required by the President’s Executive Orders from the beginning of the year. Instead, the Inter-agency Task Force that was established to produce such a report received a six-month extension and issued a Preliminary Report.
"The Preliminary Report reiterates the Administration’s proposed changes to the Military Commissions system and begins to describe the process and criteria that the Attorney General will use to determine whether to prosecute a detainee in federal criminal court or in a military tribunal. It does not, however, make recommendations on the details of Guantanamo’s closure or on the process for continuing to detain enemy combatants or belligerents who, for different reasons, cannot be prosecuted in any of our courts.
"As the Detainee Task Force and the separate Inter-Agency Review Team that is evaluating all the files of Guantanamo detainees finalize their work in the coming months, I am confident that they will recommend policies which will keep America safe and conform to American values.
"Nevertheless, I want to offer a few words of advice from a former country prosecutor.
"Although I continue to believe that the closure of the detention facilities in Guantanamo will help restore our country’s reputation and moral standing around the globe, I am concerned that time is running out for meeting the President’s deadline.
"With little more than five months to go, the lack of details on how Guantanamo should be closed, where detainees will be transferred, what precautions will be taken to protect communities, the costs associated with the closure decision, and the range of related considerations is disturbing.
"A detailed plan should be proposed as soon as possible.
"To maintain congressional support for the closure decision, this forthcoming plan should safeguard America and be able to be implemented in the little time that is left.
"With regard to detainees who cannot be prosecuted but also cannot be allowed to return to the battlefield, the Administration should –
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Lastly, indicate what factors will be considered to determine when an end of hostilities has been achieved and, thus, continued detention is no longer justified under the Supreme Court’s Hamdi decision and the laws of war.Two, propose a process to replace the Administrative Review Boards in Guantanamo and similar bodies in Afghanistan with something that is more independent and viewed as legitimate, and One, clarify the President’s authority to detain these individuals regardless of where they are held, and state whether legislation is needed to augment his authority to detain,
"I now turn to my good friend and colleague, our distinguished Ranking Member from California, Mr. McKeon, for any opening remarks that he would like to make."
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