I noted that a key Member of the House of Representatives was quoted in this morning's press as not having been consulted. I noted the chairman is also quoted in the press as having not been consulted. That is the President's right. He can take his action, but under the separation of powers we have our own rights. The Congress has the authority to make those determinations. That is what the Constitution says. We have the authority to decide how those trials will be conducted. Of course, we are in a very difficult situation. We face a struggle for survival with what happened on September 11. The executive branch is entitled to great deference, but we are entitled to know the reasons for the President's order and its scope. Such a military tribunal need not have a trial by jury, which would be expected. Not to have a trial by jury is a military court-martial. There is no explicit privilege against self-incrimination. That is something we have to consider. There is even no right of the defendant to choose his counsel.
Arlen Specter: “I noted that a key Member of the House of Representatives was quoted in this morning's press as not having been…”
Editor's note · Context
Discussing the authority of Congress regarding military tribunals after the events of September 11.
Share
More from Arlen Specter
I have sought recognition to introduce the Designer Anabolic Steroid Control Act of 2010. This legislation was originally filed as an amendment, number 4693, to the FDA Food Safety Modernization Act S. 510, but did not receive a vote…
I had spoken about this when we reconvened several weeks ago, that it is my hope that Congress, the Senate specifically, will take up legislation which I have introduced which would authorize the use of Federal funding for embryonic stem…
The Court is very ideologically driven at the moment, and I think the public needs to understand that.
The Polman article recites a number of Senators who voted no against proceeding with the DISCLOSE Act, having made in the past very forceful affirmative statements in favor of disclosure. It may be that by reminding those 4 Senators…





