The provisions that kill habeas corpus and allow Bush to disappear you

lambert's picture

captain-kangaroo-1 “Military Commissions Act of 2006”. 3, page 61 (in the vulgate, the McCain Pro-Torture and Republican Incumbent Protection Act):

“(b) PROVISIONS OF CHAPTER SOLE BASIS FOR REVIEW OF MILITARY COMMISSION PROCEDURES AND ACTIONS.—Except as otherwise provided in this chapter, and notwithstanding any other law (including section 2241 of title 28, United States Code, or any other habeas corpus provision), no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of enactment of this chapter, relating to the prosecution, trial, or judgment of a military commission convened under this section, including challenges to the lawfulness of the procedures of military commissions under this chapter.

And, naturally, Der Decider decides, arbitrarily, who gets "tried" under the arbitary authority of these military tribunals, and who gets tried by the Constitutionally governed court system:

“(7) UNLAWFUL ENEMY COMBATANT.—The term ‘unlawful enemy combatant’ means an individual [NOTE: Could be a US Citizen] determined by or under the authority of the President or the Secretary of Defense— “(A) to be part of or affiliated with a force or organization—including but not limited to al Qaeda, the Taliban, any international terrorist organization, or associated forces—engaged in hostilities against the United States or its co-belligerents in violation of the law of war; “(B) to have committed a hostile act in aid of such a force or organization so engaged; or “(C) to have supported hostilities in aid of such a force or organization so engaged.

Notice especially point (C), since there are many Americans who fall under that heading right now, and who--without habeas corpus--could simply be disappeared; nobody would know.

What does "support" mean? Could the Freeway Blogger be construed as supporting hostilities because he hangs up an anti-war sign? I'd say No, but Rummy or Bush might say Yes, disappear him, and because there's no habeas corpus nobody would never know.

What does "hostilities" mean? It's a new kind of war, remember? Maybe I get absent-minded, and try to bring some liquids through an airport checkpoint. Is that supporting hostilities? I'd say No, I'd say No, but Rummy or Bush might say Yes, you're with us or against us, disappear me, and because there's no habeas corpus nobody would never know.

What does "organization" mean? If I contribute to MoveOn, and MoveOn is against Iraq, does that mean that I'm "in aid" of an "organization" that's supporting hostilities? I'd say No, I'd say No, but Rummy or Bush might say Yes, all Democrats are traitors, disappear me, and because there's no habeas corpus nobody would never know.

UPDATE Say, Bush hasn't signed this monstrosity yet, has he? Presumably Cheney's writing the signing statement to make it even worse.

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