22 October 2006

R.I.P., Habeas Corpus

All you need to know about the Military Commissions Act.



Full text here.

As Keith so eloquently said, if you think this doesn't apply to American citizens, are you willing to take that risk with this Administration and AG Alberto "Torture Memo" Gonzalez? From the Wikipedia entry for the Military Commissions Act:
A number of legal scholars and Congressional members - including Senate Judiciary Committee Chairman Arlen Specter (R-PA) - have said that the habeas provision of the Act violates a clause of the Constitution that says the right to challenge detention "shall not be suspended" except in cases of "rebellion or invasion."[17]

The Act has also been denounced by critics who assert that its wording makes possible the permanent detention and torture (as defined by the Geneva Conventions) of anyone - including American citizens - based solely on the decision of the President.[18] Indeed, the wording of section 948b[19] of the act appears to explicitly contradict the Third Geneva Convention of which the United States is currently a signatory.

In the House debate, Representative David Wu of Oregon offered this scenario:

Let us say that my wife, who is here in the gallery with us tonight, a sixth generation Oregonian, is walking by the friendly, local military base and is picked up as an unlawful enemy combatant. What is her recourse? She says, I am a U.S. citizen. That is a jurisdictional fact under this statute, and she will not have recourse to the courts? She can take it to Donald Rumsfeld, but she cannot take it across the street to an article 3 court.[20]

One has described the Act as "the legalization of the José Padilla treatment" - referring to the American citizen who was declared an unlawful enemy combatant and then imprisoned for three years before finally being charged with a lesser crime than was originally alleged.[21] A legal brief filed on Padilla's behalf alleges that during this time he was subjected to sensory deprivation, sleep deprivation, and enforced stress positions.[22]


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1 comment:

Unknown said...

I have been studying this for 5 years now. Every American needs to study 911

I beg and plead with you to please take a look at these few videos I have linked to here. Let you make your own choices. Time is running out and might already be too late

THESE 3 MOVIES WILL BE THE MOST IMPORTANT THINGS YOU EVER SEE IN YOUR LIFETIME AND ONE DAY YOU WILL THANK ME FOR THIS.

http://video.google.com/videoplay?docid=5589099104255077250&q

http://video.google.com/videoplay?docid=8677389869548020370&q

http://video.google.com/videoplay?docid=6708190071483512003&q

Whoever thinks that the American people would not stand for a dictator, wake up we already have one. The times of overthrowing a government that is armed with spears and knives is over. This is a real military with real bullets, ones that explode on impact. You get shot in the leg, you die.

Look at this link here. It is the official Army news. Notice the dates, and the objectives. Pretty scary stuff
http://www.armytimes.com/story.php?f=1-292925-2274936.php

I BEG OF ALL OF YOU TO SPEND A FEW HOURS CLOSELY WATCHING.

HERE IS THE PATTERN OF EMOTIONS THAT YOU WILL EXPERIENCE.

FIRST COMES DENIAL, YOU THINK, NO WAY, NOT HERE IN AMERICA

SECOND COMES SHOCK, OH MY GOD I CAN'T BELIEVE THAT

THIRD COMES ACCEPTANCE AND AN OVERALL FEELING OF CONFUSION.

FOURTH COMES RAGE, SOMETHING THAT IS NEEDED TO MAKE A DIFFERENCE