Speech – Legal Issues in the War on Terrorism

During the past year, I have had an intensive and ongoing dialogue with European government officials about U.S. counterterrorism laws and policies, especially those relating to the detention, questioning, and transfer of members of al Qaida and the Taliban. During this same period, the U.S. legal framework governing the detention and treatment of detainees has evolved significantly, through the passage of the Detainee Treatment Act last December, the Supreme Court's decision in the Hamdan case in June, the transfer of 14 al Qaida leaders to Guantanamo in September, the announcement of new DOD detention policies in September, and the enactment of the Military Commissions Act earlier this month. It has been vexing that so many myths and misunderstandings about United States policies have proliferated. My dialogue with EU governments during the past year has helped to clear up some of these myths and to address issues that are troubling to Europeans. Tonight, I want to provide a comprehensive public explanation of our legal views and policy decisions with respect to the detention and treatment of terrorists, as these have evolved in the United States since September 11th.