[Welcome Senator Dodd. For the members, please limit yourself to one question for the Senator. He will try to be here until 4PM eastern. After that, some staffers will help with any follow-up questions you might have. Thanks you for your cooperation.- BooMan]
First and foremost I’d like to thank Martin for allowing me to visit BooMan Tribune to talk about “Restoring the Constitution Act of 2007.” I will be here for about 30 minutes answering your questions about the bill, or anything else you want to open for discussion. First, let me talk about the resolution and why I was inspired to introduce it during the lame-duck session of congress, and why I reintroduced it yesterday.
To watch the Senate pass the Military Commissions Act in September within days of the anniversary of the Nuremburg trials verdicts and negate our great principles and traditions in support of the rule of law was one of my saddest days in public service. The new Democratic majority in Congress has an obligation to repair the damage done by the Bush Administration to our international reputation and domestic traditions.
Here is what the Restoring the Constitution Act of 2007 aims to accomplish:
- It restores the writ of habeas corpus for individuals held in US custody.
- It narrows the definition of unlawful enemy combatant to individuals who directly participate in a zone of active combat against the United States, and to individuals who participated in attacks against the United States on September 11, 2001.
- It requires that the United States live up to its Geneva Convention obligations by deleting a prohibition in law that bars detainees from invoking Geneva Conventions as a source of rights at trial.
- It permits accused to retain qualified civilian attorneys to represent them at trial, or to choose self representation.
- It prevents the use of evidence in court gained through the unreliable and immoral practices of torture and coercion.
- It charges the military judge with the responsibility for ensuring that the jury is appraised of sources, methods and activities associated with acquiring out of court statements that if known to the jury would impact on the credibility of the statement, or alternatively that such statements are not introduced at trial.
- It empowers military judges to exclude hearsay evidence they deem to be unreliable.
- It authorizes the US Court of Appeals for the Armed Forces to review decisions by the military commissions.
- It limits the authority of the President to interpret the meaning and application of the Geneva Conventions and makes that authority subject to congressional and judicial oversight.
- It clarifies the definition of war crimes in statute to include certain violations of the Geneva Conventions.
- Finally, it provides for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions.
I recorded a brief video explaining in more detail the purpose of the bill. I’ve also invited individuals to become citizen co-sponsors of the resolution and respond to my video with one of your own. You can find that and more tools for participation at: http://Restore-Habeas.org
With that, I look forward to the discussion.
Why not just repeal the Military Commissions Act?
Thanks for being here.
and THANK you so much for doing this somewhere in addition to dkos, because I cant get past the gate there.
But I wonder why not repeal the Military Commissions Act, specifically, what is it that you are preserving from that act that is good and needs preservation?
Alternately, I can imagine strategic reasons… very interested to hear.
Also, thanks for the promise of the staffer down thread to read these tonight as well, I saw the notice late and showed up a bit late… and I appreciate that I can still be involved.
thanks again.
this is speaking directly to people.
Thanks for taking the time to discuss this here today, Senator Dodd.
My question: What type of opposition are you anticipating from the Republicans on this bill, and how do you plan to address the issues they’ll be raising?
Regarding Republican opposition, we will probably come up with some republicans who want to support this and realize that habeas corpus and the constitution are valuable tools to increase opportunities and address real threats in the 21st century. Some might come from conservative avenues, I am authoring a Shield law which is something that one of the most conservative republicans in the house is supporting. The issue of habeas corpus and the rule of law that will attract people across party lines because they care about the issue.
Regarding Republican opposition, we will probably come up with some republicans who want to support this and realize that habeas corpus and the constitution are valuable tools to increase opportunities and address real threats in the 21st century.
This leads well into my simple question. Is it not the job of the Supreme Court of the US to uphold the constitution?? Given the obvious assault (at least obvious to me) on the due process clause that this act has made, where is the Supreme Court on overturning this act and other acts such as the Padilla holding without due process for years? I never thought I would see the day when such things we allowed to happen over such a long time without relatively rapid Supreme Court reversal actions. So again, where is the court?
Senator Dodd, thanks for coming here.
I wholeheartedly support this amendment, and I applaud your taking action on this crucial issue. I have a question about terminology and how far your legislation is going to go to protect the human rights of those we accuse of terrorism:
In the body of your proposed legislation, (Section 2, paragraph 1) you propose the clarification of the catch-all phrase `enemy combatant’, which, as we all know, has been used to justify extraordinary rendition of suspects to countries which regularly engage in torture. The phrase has also been used to deny prisoners at American prisons like Guantanamo the due process and human rights guaranteed by both the Geneva Conventions and American law. My question for you is as follows: What effects, exactly, will the revision of the definition of `enemy combatant’ have on the ability of the American government to practice and condone torture, whether by Americans or by Allied governments? What classes of people will now be free of the `enemy combatant’ designation? And finally, do you believe that those who are still classified as `enemy combatants’ have the same rights that the Geneva conventions guarantee to prisoners of war?
Welcome to the Frog Pond, Senator Dodd. I have a question for refinish69, a member that unfortunately could not be here to ask you a question. It isn’t related to this bill. He wants to know what your position is on ‘don’t ask don’t tell.’ I promised him I would ask for him.
The question I have for myself is who are your co-sponsors and are any of them Republicans?
In 2003 you tried to get an amendment to stop tax incentives to offshore outsource American jobs, in the absurdly titled, “American Jobs Creation Act of 2004” and were defeated and the GOP controlled Congress turned that bill into a gigantic corporate pork fest and even increased tax incentives to offshore outsource jobs.
What kind of economic, trade, labor policies do you wish to see enacted now?
(Thank for for your amendment in ’04)
I hope this works, using people powered/blogs to garner support for you bill. I don’t have any real questions, I think it’s obvious on the intent of this bill and will support it. I just hope this works for we need people, citizens to somehow get legislation passed that we actually want. =:0
Senator Dodd, it’s an honor to have this opportunity.
Section 6 of the Act would bar the use of statements obtained by coercion during military commissions, but it does not define what “coercion” is. Is the term sufficiently defined under the law already, or does it need to be further specified?
Adam–Just wanted to let you know the Senator saw this question and wanted to check with his staff before answering you. He wants to make sure he gets you as accurate an answer as possible.
I have read this bill and it is lovely, but the president’s signature is required in order for it to become law. The concern of most of us is that the work of Congress – the people’s representative branch of government has been rendered useless by the Bush administration. I quote the famous Booman:
“As we’ve sailed past the 800 mark in terms of how many of these signing statements Bush has issued, and may well be on our way to 1,000 and beyond, they’re beginning to take on an additional meaning, beyond the legal and practical. They’re taking on a symbolic meaning, although it might actually be true that they were meant to have this meaning all along. And that symbolic meaning is that they demonstrate that Bush is reserving for himself the right to do anything. He just keeps planting stakes further and further out, noting well that nobody’s really willing to set boundaries. Don’t challenge me, he says, because I’ll make you prove you can make it stick. That’s how I measure power. If you can’t physically restrain me from doing these things, you can’t stop me. “
We happily give our names to support your bill, knowing that doing so puts us at risk of losing a lot. Our concern is that those of us without power are bound by the law when it seems to be non-binding for office-holders.
My question is this – After all that we have been through with this administration, how can anyone believe that a new law or an election will have any effect? What hope do we have that your law or even your future election will protect us from this criminal cabal? I see very little coalition between the Democratic politicians in the task at hand (stopping the coming attack on Iran, etc.,) only competition for a distant prize.
Thank you for your attention to this matter, and please continue to stay in contact with our community.
Thank you for being here, Senator Dodd. Double thanks for working to restore a big chunk of our fundamental components of democracy here in the U.S.
I was wondering if you could elaborate on your plans to counter whatever political fallout may ensue from these actions. While I fully support this bill, the previous Congress under GOP rule enjoyed plenty of support from the media for their talking-points, and I’m afraid that the water will be muddied on your honorable actions. Is there a rapid-response team in place to fight against misinformation and propaganda from the White House and the neoconservatives?
Thanks again for joining us.
Thank you Senator for coming here to chat with us. Hope your cold and wintry day is not a bad one.
My question is what will the senate do to stop this war and prevent yet another one in Iran from occurring. Nothing else will matter if this should come to pass. As I see it, we will all be in for a shock of a lifetime if this should happen.
Regarding the war in Iraq and the possibility of war in Iran I offered a tough accountable proposal that was binding several weeks ago in the Foreign Relations Committee. That would have prohibited the surge from going forward. Unfortunately, I only got 6 votes in the committee. But I am going to keep trying. Over my 25 years in the Senate I have offered a number of ideas that attracted 4 or 5 votes to begin with but later became the law of the land.
Just to give you an example I spent 7 years trying to pass the Family and Medical Leave act. Many said it couldn’t be done but now it is the law of the land and 50 million people take advantage of it.
I will either author or support legislation that will begin to reduce funding for the war in Iraq immediately. I believe this can be done in an adequate amount of time for the President to redeploy our troops safely both in Iraq and out of Iraq.
Regarding Iran, I am concerned the Administration is creating a drumbeat to war with Iran. While Iran poses some serious threats that need to be dealt with, such as their support for international terrorism and their attempts to acquire nuclear weapons, the Administration’s policy toward Iran has failed. Instead of laying the ground for a war with Iran, we should concentrate on diplomacy.
Thank you, Sir. I am so disturbed about all the money spent foolishly on the build up to Iran. Three carrier groups are quite expensive to have before us and just for show, if not for real to attack. We all know what he did before Iraq! I and many more people do not trust this White House. Lies are hard to live down. Thank you again, Sir.
What does the legislation do to restore the War Crimes Act of ’96? Will Bush still have immunity to prosecution for violations of the War Crimes Act?
I’ve been asking this question for almost a month now. Under what authority did the U.S. conduct air strikes in Somalia?
Senator Dodd, thanks for your appearance here.
Let me ask you a question regarding something other than the MCA.
Do you support a single payer universal health care plan for all Americans, and if not why not?
Senator,
ten years ago I lived in the United States as a high school exchange student from Germany at Lake Tahoe, NV. It’s become a second home.
The last couple of years were really hard as sentiment not only towards the Bush administration but to the US as a whole started to sour after the start of the Iraq war. This sentiment seemed to turn from an anti Bush sentiment into an anti American sentiment after Bush was reelected by the American people.
As the actions of the Bush administration have alienated many nations around the world, I wonder what you would do in order to restore America’s international relations.
Thanks for being here!
Thank you for honesty of the question.
I am very concerned about this and I hear about it every single day from people who travel outside the US. I don’t think the situation is irreversible, clearly there is a lot of disappointment and anger over present policies in international relations. But I believe a majority of people around the world would like to see the US doing the things we are best known for during a good part of the 20th century. Standing up for people, helping people get on their feet, willing to place their lives on the line so other people can be free from one form of dictatorship or another.
I was a peace corps volunteer in Latin America in the 60s. I still hold a very close relationship with the people in the neighborhood where I worked. I usually meet with peace corps volunteers in countries where I am traveling.
I find they give me a very unique and honest appraisal of how Americans are perceived and received. At a recent meeting with 20 retiring peace corps volunteers in Jordan (regrettably, one of only 2 Arab countries where we have a Peace Corps program), I was told by these fluent Arab speakers, many of whom were going on to graduate school in Arabic Studies, that while there were serious points of disagreement with US policies in the region, it had been their experience that the people in the villages and neighborhoods where they had worked for the previous 2 years, still wanted to see the US be a good leader in the world.
And to identify with the hopes and aspirations with millions around the globe. I’m old enough to remember a scene in 1959 when Richard Nixon’s car was being stoned in Caracas, Venezuela because of anti-American feelings. Roughly 24 months later a new American president was elected who took us in a different direction, more than 45 years later this President’s picture can still be found in huts and houses in Venezuela. I know these times are different. I know the challenges are different. But as your question to me indicates, there are many around the world who would still like to see the US back on its feet doing the right thing for itself and for others around the globe. I’m optimistic that leadership will emerge in the elections of 2008.
He’s referring to John F. Kennedy’s picture, who was beloved in Latin America.
Thanks for being here Senator Dodds.
LHow can we argue for a global war on Terrorism if we harbour people such as Orlando Bosch, Posadas Carriles and Michael Townsley? Are we turning a blind eye to right wing terrorism?
I’m not sure who these people are, and i’d like some context. Thanks.
Orlando Bosch.
Luis Posada Carriles.
Michael Townley.
Thanks booMan. Part of the Bin Forgoten family :0)
Well, worse, since those three were hired by the CIA. Of course, that’s what a CIA-connected guy intimated to me re BinForgotten too…
I can not copy the whole letter since WAPO has the copy right. I will quote this
To read the whole letter, go here and on the left side, there is an article by Ronnie Moffitt”s father, Murray Karpen. I guess a father can say it better than I can.
Thank you for taking the time to participate, Senator Dodd. It’s a privilege to have you join us, and I hope you plan to make more appearances in the future.
I don’t have a question beyond what has been asked of you already, but I just had to say that it’s a horrible state of affairs when our representatives need to introduce a bill to RESTORE our constitution.
Actually, I DO have a question for you. How can the SEC absolve themselves of their duties, making it even more difficult for vulnerable investors, who are powerless against financial institutions?
Well as the new Chairman of the Senate Banking Committee, I consider one of my major obligations to make sure investors and shareholders have a high degree of confidence in the efficiency, transparency and liquidity of markets. The safety and soundness of our financial institutions will remain strong on my watch.
Thank you very much for responding, Senator, but in all candor I’m not concerned about the financial institutions – they have more than enough regulations in place to protect them against frivolous lawsuits and such.
Rather, I’m terribly concerned on behalf of vulnerable consumers.
Anomalous, I think when Senator Dodd said…
“The safety and soundness of our financial institutions will remain strong on my watch.”
…he was implying that consumers (i.e. investors and shareholders), must feel (and in fact be) safe from unscrupulous and illegal tactics. I think the previous sentence captures this too:
“I consider one of my major obligations to make sure investors and shareholders have a high degree of confidence in the efficiency, transparency and liquidity of markets.”
Thank you for the clarification, Tim, and thanks for sticking around.
Speaking on behalf of the vulnerable investors I represent, I need Senator Dodd to put a stop to the financial institution game playing with our hard earned dollars, and we need our representatives to hold the SEC accountable to perform their duties with the interests of consumers in mind.
Anomalous–Please feel free to examine the Senator’s record as Chairman of the Senate Banking Committee (granted, it’s a short one). Nonetheless I think if you take a look at what he’s been doing already, you’ll have a good idea of where the Senator stands on these issues. (FYI, I can’t link to any of the official Senate websites for legal reasons.)
Thanks much, Tim – will do. (And I fully appreciate the legal issues with linkage and all.)
The following issue is what has me so up in arms, and if Senator Dodd has any influence in this matter, I’m pleading with him to take action before it’s too late.
I have no question, I would simply like to say thank you, Senator.
Posted by Tim Cullen of Chris Dodd’s campaign staff
Thanks everyone for the warm welcome and great questions.
The Senator enjoyed his time here, but he needs to go to his next appointment.
Like Martin said earlier, we’ll be collecting all the unanswered questions for him to look at tonight and we should have more answers for you tomorrow, so feel free to keep posting to this thread.
I’ll work with Martin to figure out where best to post them.
Thanks again from Senator Dodd and his staff.
Thanks Tim. And send a big Thank You to Senator Dodd. It was an honor to have him drop by. Best of luck to you.
Thank you Tim and Senator Dodd. I do look forward to reading the answers.
Chris Dodd 2008 Button
And thank you BooMan for asking my question for me.
Hi All–
Just wanted to show you a quick picture we snapped of the Senator this afternoon. The Senator is not a fast typist, so a staffer was typing his answers as he dictated them to her.
Keep posting questions and we’ll do our best to make sure he gets some answers for you all.
Brings back memories of the Howard Dean photo, eating his sandwich while responding to bloggers. :^)
Well, it is nice to see you here at the Pond. I absolutely agree that we need to repeal the MCA and the Patriot Act. While you are at it, can you also stop McCains latest “I get to read all your e-mails while I pretend to stop porn” legislation? I hope you guys come together and finally realize that there is no negotiating with neo nuts and Publicans. With this group, bipartisanship is for suckers. Thanks for coming by and good luck with your candidacy. I’m in the “anybody but Hillary” camp.
Sen. Dodd:
Which Senate bill(s) would you support to promote election reform, to guarantee the will of the people is truly represented on election day?
Thank you for your time.
First, let me add my thanks for appearing here.
The act is wonderful! I have been urging my Representative (Nadler, NY 8) and Senators (Clinton and Schumer) to do something like this for years. This bill certainly makes me want to vote for you for President!
Some other questions:
Thank you for your time
My great thanks also for your being here.
I also would like to know your opinion of impeaching the president. There can be no question that Bush and Cheney have violated numerous laws. To mention just one, as Elizabeth de la Vega has shown in her U.S. v. Bush et al., an excellent case can be made that the top members of the Bush administration engaged in a conspiracy do defraud the U.S. government, a felony, by making numerous fraudulent claims in the run-up to the invasion of Iraq.
The U.S. Congress therefore has no choice but to initiate impeachment proceedings against Bush and Cheney. The Constitution demands it. Furthermore, because of the consistent intransigence of Bush, it is very likely that the only way to end the war before the 2008 election is to impeach Bush and Cheney. Therefore, no one can be seriously against this war and at the same time against impeachment.
If you could offer some “insider’s” insight into why the Congressional leadership has taken impeachment “off the table”, I and I am sure many others would be very grateful.
I was in a meeting and could not participate but wanted to thank you for live blogging here. I hope you will be able to do this again and hope other candidates will agree to live blog here in the future.