On the recordDecember 21, 2005
To have worked from the beginning with Senator McCain then with Senators Graham, Levin and Kyl was a privilege, and, to achieve legislation which was needed for all our Nation's citizens was a humble, but very fulfilling, experience. We realized both the necessity for action in this area and the vital importance of dealing with the increasing flow of litigation involving Guantanamo detainees. This legislative history should document that the McCain provisions, sections 1402 and 1403 of the bill, do not create a private right of action. Title XIV of the bill does provide a new affirmative defense that may be applied to civil actions brought under other statutes and to criminal prosecutions. This is essential to give potential defendants fair rights to defend themselves. Further, language was included affording the same right to counsel and to payment of litigation costs at Government expense for non-military personnel, in both foreign and domestic courts, that is presently extended to members of the Armed Forces.
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