McHugh Response to Administration Executive Orders on America’s Terrorist Detention Program

Jan 21, 2009
Press Release

Contact: Josh Holly; 202.226.3988 

McHugh Response to Administration Executive Orders on America’s Terrorist Detention Program 

Washington, D.C. – U.S. Congressman John M. McHugh (R-NY), Ranking Member on the U.S. House Armed Services Committee, today raised several questions in response to the Administration’s new executive orders governing America’s terrorist detention program.  Congressman McHugh’s statement follows: 

“Republicans on the House Armed Services Committee appreciate the Administration’s efforts to open a dialogue on the critical issue of America’s terrorist detention policy.  We look forward to working with President Obama and his Administration on this issue as we move forward.

“While we respect the intent of the Administration’s actions, there are important questions that must be answered before we close the detention facility at Guantanamo Bay, Cuba.  It remains open, not because of a lack of will to close it, but because of the complex issues associated with transferring, trying or continuing to detain individuals who are intent on harming America and our allies.

“For example, how can we ensure that terrorists released or transferred to another country do not reappear on the battlefield or in the position to attack Americans or our allies?  If the judicial procedures that were established under the Military Commissions Act are overturned, does it render the evidence null and void?  If so, do we have sufficient evidence and legal processes in place to continue to hold the most dangerous terrorists, such as 9/11 mastermind Khalid Sheikh Mohammed?” 

“Congress and the Administration must also clearly understand the ramifications and potential impact any interim gap in capabilities might have on America’s efforts on the battlefield.  Curtailing our terrorist detention program without having new policies and procedures in place could have a significant impact on our efforts to protect America.”

Additionally, Congressman McHugh pointed to the following questions as some of the issues that must be addressed before the Administration closes the terrorist detention facility at Guantanamo Bay:  

Ø  If the Guantanamo Bay detention facility is closed, where would terrorists who are deemed too dangerous to release or transfer to another country be housed?

Ø  If terrorist detainees are brought into the United States, aren’t they automatically afforded more constitutional rights than U.S. military personnel under the Uniform Code of Military Justice?  And doesn’t that increase the threat that a judge will release the detainee into the U.S. population because we lack evidence meeting our high federal standards?

Ø  If U.S. troops capture a high-value terrorist prior to the establishment of new detention procedures, where will this individual be housed?  Will he/she be transferred to Guantanamo Bay?  The United States?

#####