CS/HM 1609

1
House Memorial
2A memorial to the Congress of the United States, urging
3Congress to use its constitutional authority to prevent
4the trial of enemy combatants from taking place in a
5civilian courtroom.
6
7     WHEREAS, on November 13, 2009, United States Attorney
8General Eric Holder announced the trial of self-described
9mastermind of 9/11 Khalid Sheikh Mohammed and the other four
10suspected 9/11 terrorists would be moved from a military court
11in Guantanamo Bay, Cuba, to a civilian court in New York City
12just blocks away from the World Trade Center attacks that cost
13the lives of nearly 3,000 people, and
14     WHEREAS, Khalid Sheikh Mohammed, Walid Muhammad Salih
15Mubarek Bin 'Attash, Ramzi bin al Shibh, Ali Abdul Aziz Ali, and
16Mustafa Ahmed Adam al Hawsawi, known as the "Gitmo 5," all fit
17the statutory definition of an "unprivileged enemy belligerent"
18by having engaged in premeditated, politically motivated
19violence against noncombatant civilian targets, and
20     WHEREAS, United States Attorney General Eric Holder has
21also contemplated a civilian court trial in Washington, D.C.,
22for Riduan Isamuddin, better known as "Hambali," and potentially
23other Guantanamo Bay detainees, and
24     WHEREAS, "Hambali" is suspected of the planning and bombing
25of a Bali nightclub which killed 202 people, and
26     WHEREAS, the "Gitmo 5" or other enemy combatants would
27likely use a highly publicized civilian trial in the United
28States to their own political advantage, to mode themselves as
29martyrs and spread their jihadist ideology both internationally
30and domestically, and
31     WHEREAS, some independent observers will not discount the
32possibility that civilian trials could make New York City,
33Washington, D.C., or any other domestic locale an even larger
34target, and
35     WHEREAS, we are a nation that is at war against terror and
36should treat enemy combatants in that war as such, and
37     WHEREAS, trying any enemy combatants in a civilian court
38would award foreign enemy combatants all the constitutional
39rights due a United States citizen defendant accused of an
40ordinary domestic crime, NOW, THEREFORE,
41
42Be It Resolved by the Legislature of the State of Florida:
43
44     That Congress is urged to reject any efforts by the Justice
45Department to try the "Gitmo 5" or any other enemy combatant in
46federal court in New York City or any other domestic venue by
47exercising its constitutional authority as set forth in Section
481 of Article III of the United States Constitution which states:
49"The judicial Power of the United States, shall be vested in one
50supreme Court, and in such inferior Courts as the Congress may
51from time to time ordain and establish."
52     BE IT FURTHER RESOLVED that copies of this memorial be
53dispatched to the President of the United States, to the
54President of the United States Senate, to the Speaker of the
55United States House of Representatives, and to each member of
56the Florida delegation to the United States Congress.


CODING: Words stricken are deletions; words underlined are additions.