H.R. 6166: Military Commissions Act of 2006
Passed House (96% of Republicans supporting,83% of Democrats opposing.)
“(E)(i) Except as provided in clause (ii), hear say evidence not otherwise admissible under the rules of evidence applicable in trial by general
courts-martial may be admitted in a trial by military commission if the proponent of the evidence makes known to the adverse party, sufficiently in advance to provide the adverse party with a fair opportunity to meet the evidence, the intention of the proponent to offer the evidence, and the particulars of the evidence (including information on the general circumstances under which the evidence was obtained).”
Yale Law Professor Bruce Ackerman states in the L.A. Times, "The compromise legislation....authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights."
Similarly, law Professor Marty Lederman explains: "this [subsection (ii) of the definition of 'unlawful enemy combatant'] means that if the Pentagon says you're an unlawful enemy combatant -- using whatever criteria they wish -- then as far as Congress, and U.S. law, is concerned, you are one, whether or not you have had any connection to 'hostilities' at all."
The bill also contains a definition of "wrongfully aiding the enemy" which labels all American citizens who breach their "allegiance" to President Bush and the actions of his government as terrorists subject to possible arrest, torture and conviction in front of a military tribunal.
It also pre-emptively criminalizes any challenge to the legislation's legality by the Supreme Court or any United States court and allows the use of torture that is, "incidental to lawful sanctions."
Effectively this bill grants planet-wide authority to the U.S. military and the American government to hold anyone identified as a terrorist (which can also mean anyone opposing President Bush or American "authority") for trial by military tribunal.
Habeas corpus is pronounced invalid as are many other international legal constructs widely accepted by the interenational community.
The United States has declared itself through this bill as the planetary police authority and supreme arbiter of "justice".
This government is no friend of free-speech, rules of evidence or the already tremendously weakened civil law systems extant in the United States of America.
With the passing of this bill, human rights has become a myth in America. What happened to Mr. Arar is now codified as perfectly acceptable under American law..... a law that America will prosecute internationally.
Passed House (96% of Republicans supporting,83% of Democrats opposing.)
“(E)(i) Except as provided in clause (ii), hear say evidence not otherwise admissible under the rules of evidence applicable in trial by general
courts-martial may be admitted in a trial by military commission if the proponent of the evidence makes known to the adverse party, sufficiently in advance to provide the adverse party with a fair opportunity to meet the evidence, the intention of the proponent to offer the evidence, and the particulars of the evidence (including information on the general circumstances under which the evidence was obtained).”
Yale Law Professor Bruce Ackerman states in the L.A. Times, "The compromise legislation....authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights."
Similarly, law Professor Marty Lederman explains: "this [subsection (ii) of the definition of 'unlawful enemy combatant'] means that if the Pentagon says you're an unlawful enemy combatant -- using whatever criteria they wish -- then as far as Congress, and U.S. law, is concerned, you are one, whether or not you have had any connection to 'hostilities' at all."
The bill also contains a definition of "wrongfully aiding the enemy" which labels all American citizens who breach their "allegiance" to President Bush and the actions of his government as terrorists subject to possible arrest, torture and conviction in front of a military tribunal.
It also pre-emptively criminalizes any challenge to the legislation's legality by the Supreme Court or any United States court and allows the use of torture that is, "incidental to lawful sanctions."
Effectively this bill grants planet-wide authority to the U.S. military and the American government to hold anyone identified as a terrorist (which can also mean anyone opposing President Bush or American "authority") for trial by military tribunal.
Habeas corpus is pronounced invalid as are many other international legal constructs widely accepted by the interenational community.
The United States has declared itself through this bill as the planetary police authority and supreme arbiter of "justice".
This government is no friend of free-speech, rules of evidence or the already tremendously weakened civil law systems extant in the United States of America.
With the passing of this bill, human rights has become a myth in America. What happened to Mr. Arar is now codified as perfectly acceptable under American law..... a law that America will prosecute internationally.