Friday, February 09, 2007

fifth amendment ?

military commissions act 2006


Peacechick Mary said...

Can you believe the Army just investigated the Army to see if they had done anything wrong. Surprise! They found that everything was hunky dory. They must think we are six shades of stupid.

C-dell said...

That isn't the America that I believe in.

Alec said...

I actually listened to defense counsel for the detainees two weeks ago, a lecture in place of our usual Friday class. They were very good guys, but very frustrated by the one-sided procedures being used in these "trials."

At this point, unfortunately, it is up to either the legislature or the judiciary to fix this problem. And I have no faith in the legislature.

earlbo said...

Torture Bill States Non-Allegiance To Bush Is Terrorism
Legislation tolls the bell for the day America died, birth of the dictatorship. Read it and weap for the nation that used to exist.

Buried amongst the untold affronts to the Bill of Rights, the Constitution and the very spirit of America, the torture bill 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.

In section 950j. the bill criminalizes any challenge to the legislation's legality by the Supreme Court or any United States court. Alberto Gonzales has already threatened federal judges to shut up and not question Bush's authority on the torture of detainees.

"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 the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter."

The Bush administration is preemptively overriding any challenge to the legislation by the Supreme Court.

In addition, under the bill, "No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories."