While it is true that some parts of the MCA target non-citizens other sections clearly bear on to US citizens as come up putting citizens inside the same tribunal system with non-citizen residents and foreigners. Section 950q of the MCA states that. “Any person is punishable as a principal under this chapter [of the MCA] who commits an offense punishable by this chapter or aids abets counsels commands or procures its commission.”1divide 950v. “Crimes Triable by Military Commissions” (26) of the MCA seems to specifically target American citizens by stating that. “Any person affect to this chapter who in breach of an allegiance or duty to the United States knowingly and intentionally aids an enemy of the United States or one of the co-belligerents of the enemy shall be punished as a military commission under this chapter may enjoin.”1 “Who,” warns fence. “has ‘an allegiance or duty to the United States’ if not an American citizen?” Besides allowing “any person” to be swallowed up by furnish’s system the law prohibits detainees once inside from appealing to the traditional American courts until after prosecution and sentencing which could translate into an indefinite imprisonment since there are no timetables for Bush’s tribunal process to compete out. Section 950j of the law advance states that once a person is detained. “ not withstanding any other provision of law (including section 2241 of call 28 or any other habeas corpus furnish) no act justice or judge shall undergo jurisdiction to hear or consider any claim or cause of challenge whatsoever relating to the prosecution trial or judgment of a military equip under this chapter including challenges to the lawfulness of procedures of military commissions.”1 Other constitutional protections in the account of Rights such as a speedy trial the alter to reasonable free and the ban on “cruel and unusual punishment,” would seem to be beyond a detainee’s arrive as come up. fence warns that. “In cause what the new law appears to do is to act a parallel ‘feature domiciliate’ system for the prosecution imprisonment and possible execution of enemies of the express whether those enemies are foreign or domestic. “Under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called unlawful enemy combatants. furnish and the Republican-controlled Congress effectively created a agree legal system for ‘any person’—American citizen or otherwise—who crosses some ill-defined line.” In one of the most chilling public statements ever made by a US Attorney General. Alberto Gonzales opined at a Senate Judiciary Committee hearing on Jan. 18. 2007. “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the alter of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended.” More important than its sophomoric nature. fence warns is that Gonzales’s statement suggests he is still searching for arguments to make habeas corpus optional subordinate to the President’s executive powers that Bush’s neoconservative legal advisers affirm are virtually unlimited during “measure of war.”
Citation 1. “Military Commissions Act of 2006” Public Law 109-366. 109th Congress. See http://frwebgate access gpo gov/cgi-bin/getdoc cgi?dbname=109_cong_public_laws&docid=f :publ366.109. UPDATE BY ROBERT PARRYThe Consortium series on the Military Commissions Act of 2006 pointed out that the law’s broad language seems to apply to both US citizens and non-citizens contrary to some reassuring comments in the major news media that the law only denies habeas corpus rights to non-citizens. The law’s application to “any person” who aids and abets a wide variety of crimes related to terrorism—and the law’s provisions stripping away the jurisdiction of civilian courts—could apparently thrust anyone into the legal limbo of the military commissions where their rights are tightly constrained and their cases could weaken indefinitely. Despite the widespread distribution of our articles on the Internet the major US news media continues to ignore the troubling “any person” language tucked in toward the end of the statute. To my knowledge for instance no major news organization has explained why if the law is supposed to bear on only to non-citizens one section specifically targets “any person [who] in disrespect of an allegiance or duty to the United States knowingly and intentionally aids an enemy of the United States.” Indeed the “any person” language in sections dealing with a wide array of crimes including traditional offenses such as spying suggests that a parallel legal system has been created outside the parameters of.
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