May. 3rd, 2007

aidenfire: (tortall determined kel)
This post has been a long time in the making.

All quotations from the Military Commissions Act of 2006, signed into law by President George W. Bush on October 17, 2006. Read it yourself here (the enrolled version is the one signed into law).

1. Any person can be declared an unlawful enemy combatant "by a...competent tribunal established under the authority of the President or the Secretary of Defense."

The President can, in effect, define anyone as an unlawful enemy combatant. So, what does that mean?


2. "No court...shall have jurisdiction to hear...an application for a writ of habeas corpus filed by...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."

Even before they're convicted, habeas corpus is suspended. Habeas corpus, by the way, is the right of a prisoner to due process, to know why they're being held, and to have the courts ascertain that the reason is a just and legal one. But hey, that's not really important, is it? It’s just an alien, who cares about their rights? And what’s going to happen to them in jail, anyway?

3. "Except as provided in [a bill special to Guantanamo Bay] no court...shall have jurisdiction to hear...any other action against the United States...relating to any aspect of the...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."



So, here’s our law. The president determines someone to be an enemy combatant, for whatever reason. They go to jail, and never get a trial. They aren’t told what charges they’re in jail for. And no court is allowed to hear any case regarding the conditions of confinement of someone who is still awaiting conviction.


my tag for this sort of thing is God bless America. It's not trying to be witty or sarcastic. It's a plea. We need all the help we can get.

More detailed analysis here (annotated version of the bill explaining even more terrifying things about it) and here (legal ramifications).

EVERYONE NEEDS TO KNOW ABOUT THIS. I don't understand why people don't. My county is falling apart and no one is paying attention.

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