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**Hugh** · 18-10-2006, 09:36

There are a couple of scary parts to this law -

Bush and anyone else who committed what would have been an illegal act have now got a get-out-of-jail card

It is up to the Administration's interpretation of the law, not the Judiciary (so much for the balance of power) - anyone can be arrested and held.

It is up to Bush to define "torture".

The really scary points are that the definition is up to people appointed by Bush or Rumsfeld - eeeek!

They can then take as long as they want before they hold a trial, and even if found innocent by this tribunal, the verdict can be ignored.

You can't have a civilian defence lawyer unless they are cleared for "SECRET" - shouldn't think there will be many of those around.

They can break the law when gathering evidence, and use rumours as fact.

Key points of the Bill
Establishes special rules for military-commission trials for Al Qaeda suspects accused of committing war crimes. The rules permit the exclusion of a defendant from his trial if classified evidence is being presented, and the admission of hearsay and coerced statements as evidence.
• Authorizes a three-officer military panel to determine a detainee's status as an enemy combatant eligible for indefinite detention in US custody. This is in lieu of the ability to file a habeas corpus petition challenging the legality of the detention in federal court.
• Creates a retroactive legal defense for US personnel who engaged in harsh interrogation tactics from September 2001 to December 2005. Also narrows the range of activities that might constitute a violation of Common Article 3 of the Geneva Conventions outlawing torture and cruel treatment.
• Expands the definition of an unlawful enemy combatant to provide that anyone who offers "material support" to someone engaged in hostilities against the US can be held indefinitely in military detention, regardless of whether he or she actually engaged in hostilities. Also provides that only noncitizens held as unlawful enemy combatants may be tried by a military commission.

or as Wikipedia explain it
"An “unlawful enemy combatant” can be any person – not excluding American citizens - determined to be one by a “competent tribunal” established by the President or the Secretary of Defense [Sec.948a(1)(ii)]. What comprises a competent tribunal – or by what criteria they would make such a determination - is not defined.
The Act changes pre-existing law to explicitly suspend the writ of habeas corpus for detainees who are not U.S. citizens [Section 7(a)]. This provision applies to all cases pending at the time the Act is enacted, as well as to all such future cases.
If the government chooses to prosecute, a military commission is convened for this purpose. The following rules are some of those established for trying unlawful enemy combatants who are not citizens of the United States. [Sec.948b (a)] The Act does not exclude these rules from being applied when trying unlawful enemy combatants who are American citizens.

Certain sections of the Uniform Code of Military Justice are deemed inapplicable - including some relating to a speedy trial [Sec.948b (d)(1)(A)], compulsory self-incrimination [Sec.948b (d)(1)(B)], and pre-trial investigation [Sec.948b (d)(1)(C)].

A civilian defense attorney may not be used unless they have clearance to view materials classified Secret. [Sec.949c(b)(3)(D)]

Based on his findings, the judge may introduce hearsay evidence [Sec.949a(b)(2)(E)(i)], evidence obtained without a search warrant [Sec.949a(b)(2)(B)], evidence obtained when the degree of coercion is disputed [Sec.948r (d)], or classified evidence not made available to the defense [Sec.949d(f)(2)(B)].

A finding of Guilty requires only a 2/3 majority [Sec.949m(a)]

No defendant may invoke the Geneva Conventions in legal proceedings on their behalf. [Section 5(a)]

The President determines “the meaning and application” of the Geneva Conventions banning the torture of prisoners. [Sec.6 (a)(3)(A)]

The accused may be tried for the same offense a second time “with his consent” [Sec.949h(a)].

If the military commission returns a finding of Not Guilty, its convening authority is not required to take action on the findings. [Sec.950b(c)(3)]

So anyone thinking of visiting the US in the future, be very, very careful about what you say, and who you have associated with.

Nice summary from the ACLU (American Civil Liberties Union)
" "The president can now, with the approval of Congress, indefinitely hold people without charge, take away protections against horrific abuse, put people on trial based on hearsay evidence, authorize trials that can sentence people to death based on testimony literally beaten out of witnesses, and slam shut the courthouse door for habeas petitions."

18-10-2006, 09:36	#8
Hugh laeva recumbens anguis Cable Forum Mod Join Date: Jun 2006 Age: 69 Services: Premiere Collection Posts: 44,520	Re: Bye Bye America There are a couple of scary parts to this law - Bush and anyone else who committed what would have been an illegal act have now got a get-out-of-jail card It is up to the Administration's interpretation of the law, not the Judiciary (so much for the balance of power) - anyone can be arrested and held. It is up to Bush to define "torture". The really scary points are that the definition is up to people appointed by Bush or Rumsfeld - eeeek! They can then take as long as they want before they hold a trial, and even if found innocent by this tribunal, the verdict can be ignored. You can't have a civilian defence lawyer unless they are cleared for "SECRET" - shouldn't think there will be many of those around. They can break the law when gathering evidence, and use rumours as fact. Key points of the Bill Establishes special rules for military-commission trials for Al Qaeda suspects accused of committing war crimes. The rules permit the exclusion of a defendant from his trial if classified evidence is being presented, and the admission of hearsay and coerced statements as evidence. • Authorizes a three-officer military panel to determine a detainee's status as an enemy combatant eligible for indefinite detention in US custody. This is in lieu of the ability to file a habeas corpus petition challenging the legality of the detention in federal court. • Creates a retroactive legal defense for US personnel who engaged in harsh interrogation tactics from September 2001 to December 2005. Also narrows the range of activities that might constitute a violation of Common Article 3 of the Geneva Conventions outlawing torture and cruel treatment. • Expands the definition of an unlawful enemy combatant to provide that anyone who offers "material support" to someone engaged in hostilities against the US can be held indefinitely in military detention, regardless of whether he or she actually engaged in hostilities. Also provides that only noncitizens held as unlawful enemy combatants may be tried by a military commission. or as Wikipedia explain it "An “unlawful enemy combatant” can be any person – not excluding American citizens - determined to be one by a “competent tribunal” established by the President or the Secretary of Defense [Sec.948a(1)(ii)]. What comprises a competent tribunal – or by what criteria they would make such a determination - is not defined. The Act changes pre-existing law to explicitly suspend the writ of habeas corpus for detainees who are not U.S. citizens [Section 7(a)]. This provision applies to all cases pending at the time the Act is enacted, as well as to all such future cases. If the government chooses to prosecute, a military commission is convened for this purpose. The following rules are some of those established for trying unlawful enemy combatants who are not citizens of the United States. [Sec.948b (a)] The Act does not exclude these rules from being applied when trying unlawful enemy combatants who are American citizens. Certain sections of the Uniform Code of Military Justice are deemed inapplicable - including some relating to a speedy trial* [Sec.948b (d)(1)(A)], compulsory self-incrimination [Sec.948b (d)(1)(B)], and pre-trial investigation [Sec.948b (d)(1)(C)].* A civilian defense attorney may not be used unless they have clearance to view materials classified Secret. [Sec.949c(b)(3)(D)] Based on his findings, the judge may introduce hearsay evidence [Sec.949a(b)(2)(E)(i)], evidence obtained without a search warrant [Sec.949a(b)(2)(B)], evidence obtained when the degree of coercion is disputed [Sec.948r (d)], or classified evidence not made available to the defense [Sec.949d(f)(2)(B)]. A finding of Guilty requires only a 2/3 majority [Sec.949m(a)] No defendant may invoke the Geneva Conventions in legal proceedings on their behalf. [Section 5(a)] The President determines “the meaning and application” of the Geneva Conventions banning the torture of prisoners. [Sec.6 (a)(3)(A)] The accused may be tried for the same offense a second time “with his consent” [Sec.949h(a)]. If the military commission returns a finding of Not Guilty, its convening authority is not required to take action on the findings. [Sec.950b(c)(3)] So anyone thinking of visiting the US in the future, be very, very careful about what you say, and who you have associated with. Nice summary from the ACLU (American Civil Liberties Union) " "The president can now, with the approval of Congress, indefinitely hold people without charge, take away protections against horrific abuse, put people on trial based on hearsay evidence, authorize trials that can sentence people to death based on testimony literally beaten out of witnesses, and slam shut the courthouse door for habeas petitions." __________________ Thank you for calling the Abyss. If you have called to scream, please press 1 to be transferred to the Void, or press 2 to begin your stare. If my post is in bold and this colour, it's a Moderator Request.