Mr. Speaker, let me just go to the Detainee Act. It says that review is done by the District of Columbia relating to any aspect of the detention of an alien, and we have expanded it from Guantanamo Bay to anywhere, who has been determined by the United States District Court of Appeals for the District of Columbia Circuit in accordance with the procedures set forth in section 1405. So there is a process whereby the review is made with respect to the status of that alien. Let me go to a second point. The gentleman spoke about hearsay evidence being allowed. That is true. Hearsay evidence is allowed, with certain restrictions. The judge has to find that it is probative, that it is relevant and that it is reliable. The war crimes tribunals in Yugoslavia and Rwanda allow hearsay evidence. As I recall, the bill that was offered by Mr. Skelton, that was voted on in the HASC, in the Armed Services Committee, also allowed for the use of hearsay evidence. So hearsay evidence, I would say to my friends, is not excluded and has not historically been excluded in war crimes trials in Rwanda, in Yugoslavia.
Editor's note · Context
Discussing the Detainee Act and the use of hearsay evidence in war crimes trials.
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