• no prohibition for the admission of coerced statements which were obtained before September 30, 2005
• places the burden on the defendant to prove that hearsay evidence admitted into the trial is demonstratively unreliable and/or without probative value.
• authorizes evidence obtained domestically without a search warrant
• defines 'illegal combatant' so loosely, it can be applied to individuals who have not engaged in violence against the US , or its allies.
• give the Secretary of Defense too broad of controls over redefining due process
• strips humans of the natural right to habeas corpus

Tom Cole(OK) Introduces HR1042, which disallows any Amending to HR 6166, the Military Commissions Act of 2006. He then says HR 6166 is bicameral compromise legislation, which provides due process of law. He then implies that due process is a gift from the state, and not a natural right, and that these persons do not deserve due process, because they do not extend them to their enemies.

Louise Slaughter: HR Res 1042 not a Bipartisan affair, but rammed through Rules Committee by Republicans only, and did not consider any of the fifteen amendments offered by Democrats. She says, "For years, this administration has circumvented our Constitution in the name of security", and then says the Bush Admin:

• Dismissed Important Legal Documents, including the Geneva Conventions;
• Imprisoned humans indefinitely without securing a conviction against them;
• Convicted humans with secret evidence;
• Convicted humans with evidence obtained through torture;
• Allowed Government Agents to treat humans in violation of international law;
• Wants to pass this legislation which would retroactively apply protection to torturers

David Dreier claims that the Democrats complain but have not offered any plan of their own for tribunals.

Ike Skelton says the Democrats offered a different Resolution, but Dreier claims it is just McCain's proposal rehashed.

Slaughter Corrects Dreier, and mentions that the Democrats offered fifteen amendments, which were not allowed by the Rules Committee.

Alcee L. Hastings refutes Dreier, calling him a revisionist. He then states that the legislation will overturn historical legal precedent.

"We cannot overturn hundreds of years of judicial precedent specifically referring to habeas corpus for the sake of political expediency...

The government should not deny the minimum legal process to certain individuals now and risk the loss of freedom for all people in the future."

Candice Miller claims that unconvicted humans are terrorists, and that congress has the power to deny them the rights with flow from natural liberty.

Doris Matsui says that HR 6166 is a threat to liberty, and that many former military, and governmental officials claim the same.

Dan Lungren claims the bill is constitutional and provides due process, then says that Habeas corpus is "a statutory writ, which the Supreme Court has said time and time again Congress has the right to create, Congress has the right to constrict, Congress has the right to eliminate."

The only place Habeas Corpus is mentioned in the Constitution is Article I; Section 9; clause 2. It says that Habeas corpus can only be suspended during very limited circumstances, which implies that it cannot be eliminated.

"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

Ike Skelton questions the constitutionality of HR 6166, then enters a letter from chief counsel to the commissions, Colonel Dwight H. Sullivan into the record.

Duncan Hunter Conflates the effects that applying due process of law will have, claiming that all captured combatants will have to be Mirandised at the time of capture. What Hunter fails to mention is that the determination that the combatants are "unlawful" is not made at the time of capture, but later, and that these humans should be considered protected under the Geneva Conventions until that determination has been made.

Ellen Tauscher believes that the Supreme Court will overturn the legislation as it is written.

Nancy Pelosi says that refutes Gingrey's denigration of Democrats, and cites three constitutional deficiencies of the bill: habeas corpus, Geneva Conventions standards, and the appeals process.

Tom Cole-Bill 'Golden Rule'

Lincoln Diaz-Balart supports bill claiming it follows common article 3 of the Geneva Conventions.

Jim McGovern, "...the Bush administration has broken and abused the honor, integrity, and standing of the United States.

For the past 5 years, the Bush administration has repeatedly acted in ways that betray America's commitment to the rule of law. Prisoners have been held in secret prisons without any due process or even access by the Red Cross. Others have been held at Guantanamo to avoid judicial oversight and the application of U.S. treaty obligations toward detainees."

Louie Gohmert says unlawful combatants do not deserve constitutional protections afforded criminals.

Slaughter offers three amendments for consideration.

Tom Cole Cites Bataan

Sheila Jackson-Lee opposes HR 1042 as well as Hr 6166.

Slaughter: Text of Three Amendments