HR0931 96TH GENERAL ASSEMBLY

HR0931 LRB096 21258 RLC 37121 r

HOUSE RESOLUTION

WHEREAS, The Constitution of the United States was written and ratified to, in its own words, "provide for the common defense"; and

WHEREAS, All of the rights granted by the American federal government to individual men, women, and children, whether they are American citizens on the one hand, or captured enemy combatants on the other, stem from the Constitution of the United States and its foundational purpose to provide for our common defense; and

WHEREAS, Acts of terrorist war against the United States, especially but not limited to the destruction of the World Trade Center and a portion of the Pentagon headquarters of the U.S. Department of Defense, on September 11, 2001, are not criminal acts, and when non-U.S.-citizen enemy combatants are accused of complicity in acts of this class, these acts should be classified as attacks on the people of the United States, rather than classified as criminal acts; and

WHEREAS, The administration of President Barack Obama, including the United States Department of Justice, appears to believe that enemy combatants, taken into custody in the Global War on Terror, who are not United States citizens, should enjoy rights that are equal, in all respects, to the rights enjoyed by United States citizens; and

WHEREAS, The administration of President Barack Obama, including the United States Department of Justice, appears to believe that non-U.S.-citizen enemy combatants who are charged with a terrorist act or acts against the United States, taken into custody in the Global War on Terror, should be placed on trial in criminal courts, and given rights equivalent to the rights enjoyed by criminal defendants who are citizens of the United States; and

WHEREAS, Rights enjoyed by citizens of the United States, under the Constitution, include the right to be warned of their right to remain silent ("Miranda warning"), the right to confidential consultation with a court-appointed and taxpayer-funded attorney, the right to be tried in a civilian court of law, the right not to be subjected to harsh forms of interrogation, and many other rights; and

WHEREAS, The rights enjoyed by citizens of the United States in criminal trials impose a substantial fiscal impact upon the budgets of the U.S. Department of Justice and its allied agencies, which are expenses paid by U.S. taxpayers, including the taxpayers of Illinois; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do not support granting, to non-citizen enemy combatants accused of terrorist acts against the United States, and taken into custody in the Global War on Terror, the Miranda rights and other privileges of the Constitution enjoyed by citizens of the United States of America; and be it further

RESOLVED, That we call upon the current Administration of President Barack Obama and the U.S. Department of Justice to re-examine and shift their positions on this extremely important strategic issue; and be it further

RESOLVED, That we, the Illinois House of Representatives, do not support placing non-citizen enemy combatants taken into custody in the Global War on Terror on trial in criminal courts; and be it further

RESOLVED, That we support efforts in Congress to enact legislation to legally forbid civilian criminal charges against, and trials for, persons charged with a terrorist act or acts against the United States, with special reference to the proposed trial of accused 9/11 mastermind Khalid Sheikh Mohammed; and be it further

RESOLVED, That we, the Illinois House of Representatives, do not support granting, to non-uniformed enemy combatants taken into custody in the Global War on Terror, the rights enjoyed by uniformed prisoners of war; and be it further

RESOLVED, That we, the Illinois House of Representatives, believe that non-uniformed, non-U.S.-citizen enemy combatants taken into custody in the Global War on Terror should be subjected to military tribunals under procedures enacted by law; and be it further

RESOLVED, That a suitable copy of this Preamble and Resolution be transmitted to the President of the United States, the Attorney General of the United States, the United States Secretary of Defense, the two United States Senators from Illinois, and the Illinois delegation to the United States House of Representatives.