Confusion About the Military Commissions Act

[Oh_My]

Does the Military Commissions Act affect United States citizens? There seems to be many opinions about this on the Internet. Does anyone know for sure?

"Question: How does the Military Commissions Act of 2006, recently passed by Congress, impact the right of American citizens to petition for a writ of Habeas Corpus?

In a word (two actually), it doesn’t. Here is the first line of the act after the definitions are finished…

(a) Purpose- This chapter establishes procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission.

Response: Most of what follows in the bill is part of the chapter defined above. Nothing in the bill applies to American citizens.

Whereas other sources are citing that it does affect US citizens.

Can anyone shed some light on the Truth?

[Oh_My]

Does no one know?

[RVonse]

Oh My. If the secret service were to visit you tonight and take you away before you even get dressed, how do you prove you are a citizen? If you can not prove you are citizen (which you can't) then you are not a citizen.

The only possible way I could forsee to protect oneself against tyranny with this legislation would be if all US citizens had some kind of tatoo stamped on their forhead saying "I am a U.S. citizen".

Having a tatoo inscribed on the forehead reminds me of something I read in the chapter of Revelations found in the Bible.

[Oh_My]

Quote by: RVonse Oh My. If the secret service were to visit you tonight and take you away before you even get dressed, how do you prove you are a citizen? If you can not prove you are citizen (which you can't) then you are not a citizen. The only possible way I could forsee to protect oneself against tyranny with this legislation would be if all US citizens had some kind of tatoo stamped on their forhead saying "I am a U.S. citizen". Having a tatoo inscribed on the forehead reminds me of something I read in the chapter of Revelations found in the Bible.

Fair enough point. I hadn't thought of that at all, to be honest.

[G. Adams]

Oh my, turn to page 2 of the HR 6166 (An Act) available from the Library of Congress website. It states

"In this chapter: "(1) Unlawful Enemy Combatant.-(A)The Term unlawful enemy combatant' means- "(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or it's co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda or associated forces); or "(ii) a person who before, on or after the date of the enactment of the Military Commissions Act of 2006, has been determined an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or Secretary of Defense

(Bloody PDF's, I hate typing that crap out )

So can you see where this might affect US citizens? From subsection (i) you will see those who purposefully and materially support an enemy combatant. So say I, a British citizen, am in the US on holiday and am staying with friends. They put a roof over me and feed me. I'll probably go shooting with them too. Now, that tribunal that can be set up by the President aka kangeroo court, decides I'm an enemy combatant because I spray painted an I hate Bush slogan on a wall (that would make me a terrorist and enemy combatant because under the patriot act anyone who damages private property can be classified as a terrorist). So off I go to one of the many delightful detention facilities FEMA has been building. Now because my friends have intentionally and materially supported me, they are now enemy combatants. Oh bugger, off they go too. And of course, HR 6166 allows for the family members of enemy combatants to be "pressured" in order to "pressure" the enemycombatant, so they'll likely be packed off too for weekend waterboarding. Oh and waterboarding isn't torture these days, and is even supported vocally by Dick Cheney. Mmm, I just love watersports.

Now take a look at subsection (ii), regarding the establishment of tribunals. All it takes is for the tribunal to declare you are an enemy combatant, and that's it. You can make no writ of habeaus corpus any longer, so you can't even defend yourself against the tribunals claims.

Right, that was only page 2. I'm going to read the rest of the document and then get back to you on why else HR 6166 is the end of the US as we know it.

Edit: Forgive me, it's on page 3. It's late and I have no coffee.

[BobbyO]

I am sorry to say it quite this way, but the notes in this thread thus far demonstrate some of the insanity, the absolute insanity, of much of the crticism of the Bush Administration and its efforts to fight terrorism. Staws aren't even being grasped at here; it is just total, absolute paranoia.

[Clarence]

Actually this and recent legislation could be the final staw