John McCain

If a terrorist attack on civilians is a war crime, why shouldn't all trials be by military commission?

The administration supports the determination to discontinue the use of the term 'unlawful enemy combatant' in the military commission legislation that passed the Senate on July 23.

Would a prohibition on use of testimony obtained through interrogation techniques amounting to cruel, inhuman, or degrading treatment be sufficient to satisfy due process if the evidence was otherwise deemed reliable and probative by the…

The DOJ Office of Legal Counsel issued guidance in May that detainees have some level of due process rights that could bar use at trial of statements made under coercion.

The MCA provides broad authority to use hearsay evidence at trial so long as the judge finds it is reliable and probative.

The MCA addresses crimes that were committed before September 11 in two ways.

What changes would you recommend to the MCA's classified information protection provisions based on military commission trial and discovery experience to date?

Mr. Johnson, Mr. Kris, Admiral MacDonald, Admiral Hutson, General Altenburg, and Mr. Marcus, have the originators of classified information cooperated with the prosecutors in providing all the required classified information in a timely…

Trials during an ongoing war present greater risks to national security through the unintended release or compromise of classified material

As this committee has recognized on a bipartisan basis, commissions and the MCA should be reformed.

In my view, this is our last and best opportunity to implement a Military Commissions system that will promote respect for the laws of war and provide justice for the innocent victims of war; while also affording accused war criminals the…

I have a long record expressing my support for military commissions as the correct forum for trying detainees for alleged violations of the law of war.

Different routes for appellate review of military commissions have been considered.

It seems likely, however, that the administration will conclude that this cannot be done--that because of evidentiary problems and national security sensitivities, there will be some 'guilty' and dangerous detainees who cannot be tried in…

I have become convinced that an improved system of military commissions, while not the ideal choice, is the best--or perhaps one should say the least worst--of the alternatives before us for trying many of the detainees.

It's the administration's view that there are serious risks that courts would hold that admission of involuntary statements of the accused in military commission proceedings is unconstitutional.

We now have established that it is the view of the administration that enemy combatants or belligerents, whatever new name you'd like to call them, are now entitled to the constitutional rights of U.S. citizens?

Well, that's very interesting because I had never proceeded under that assumption in drafting this legislation and previous legislation.

What are those constitutional rights of people who are not citizens of the United States of America, who were captured on a battlefield committing acts of war against the United States?

I think it would be important for this committee to know what your view is. It might have something to do with the way that we shape legislation.

I am convinced that we must solve these difficult issues now and I am committed to doing so.

I appreciate the expert advice and experience in these matters that our witnesses bring to our discussions on military commissions and detainee policy.

The National Defense Authorization Act for Fiscal Year 2010... takes a leading role by making recommendations for changes to the Military Commissions Act of 2006.

While we haven't resolved all the thorny issues that military commissions and other aspects of detainee policy present, I believe we've made substantial progress.

This committee has led the way in dealing with detainee issues and developing legislation on detainee matters.