Rebecca Snyder email on USA v. Khadr -- date redacted -- 2
e seeks special request for relief relating to D022. Specifically, the Defense moves to admit the following statements, under Mil. Comm. R. of Evid. 803(b), publicly made on Thursday by Senators Lindsay Graham and John McCain, in support of D022, the
Defense Motion to Dismiss for Lack of Personal Jurisdiction (Child Soldier).
2. Under Rule 803(b)(1)(B), the proponent of the evidence must provide its particulars. On 6 February 2008, Senators Lindsay Graham and John McCain were asked by Jess Bravin and Alex Frangos, reporters for the Wall Street Journal, whether they intended child soldiers to be prosecuted before military commissions when they voted for the MCA. According to the article, Sen. Graham stated, "I'm not comfortable on an issue like this with minors" and when asked about the applicability of the Optional Protocol, he said, "a lot of kids, particularly African soldiers, were forced into combat. There might have been some of that with the Taliban, too." He was reported as indicating that "either civilian trial or the procedures of United Nations-backed war-crimes courts, which generally issue sentences aimed at rehabilitating child soldiers" were more appropriate and quoted as saying "My view is to err on the side of the international community."
3. The full text of the proposed evidence is included at the bottom of
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