On 10/10/06, Gruss Gott <[EMAIL PROTECTED]> wrote: > Remember that constitutional provision that allows you to the ask the > goverment why they threw in jail and then challenge them to prove > their charge or free you? You know, that liberty thingy? > > Well, the Republicans don't think we need that anymore:
Wow, my head is spinning 15 ways to Sunday now. It is *amazing* to hear the debate on this issue, especially when it comes to the writt of habeus corpus. The truth of this issue can only be read from the text of the legislation itself. I found it on Thomas at http://thomas.loc.gov/cgi-bin/query/D?c109:3:./temp/~c109EbqVm9:: The specific link for the concerns about habeus corpus can be found on Thomas at http://thomas.loc.gov/cgi-bin/query/F?c109:3:./temp/~c109EbqVm9:e116721: Here's the text that you're referring to, Gruss: SEC. 7. HABEAS CORPUS MATTERS. (a) In General- Section 2241 of title 28, United States Code, is amended by striking both the subsection (e) added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742) and the subsection (e) added by added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477) and inserting the following new subsection (e): `(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. `(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'. (b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001. Note this: the entire section refers only to "aliens" not US citizens. This does NOT make any reference to US citizens. And just so you get the "neutral" summary: SUMMARY AS OF: 9/22/2006--Introduced. Military Commissions Act of 2006 - Authorizes the: (1) President to establish military commissions (commissions) to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other triable offenses; (2) commissions to impose upon any person found guilty any sentence appropriate to the offense, including death or imprisonment for life; and (3) Secretary of Defense to carry out such sentences. Prohibits a combatant under trial from invoking the Geneva Conventions as a source of rights. Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of commissions to try such combatants for violations of triable offenses. Makes eligible to serve on a commission any U.S. commissioned officer on active duty. Requires to be detailed to each commission a military judge, trial and military defense counsel, and reporters and interpreters. Requires at least five members in each commission. Prescribes, with respect to each established commission, pre-trial and trial procedures, including charges, rules of evidence, pleas, opportunity to obtain witnesses and other evidence, and defenses. Requires: (1) a two-thirds commission member vote for conviction; (2) a three-fourths member vote for a sentence of life imprisonment or confinement of more than ten years; and (3) a unanimous vote by at least 12 members in a case in which the death penalty is sought. Prescribes post-trial procedures and reviews of commission actions, including appeal by the United States, rehearings, and review by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court. Outlines offenses triable by commissions. Amends the federal criminal code to add certain actions to be considered violations of the War Crimes Act. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Introducing the Fusion Authority Quarterly Update. 80 pages of hard-hitting, up-to-date ColdFusion information by your peers, delivered to your door four times a year. http://www.fusionauthority.com/quarterly Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:217285 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
