We’re All Enemy Combatants Now

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Most American residents would be shocked to hear that the Military has power to lock them up without an opportunity to prove their innocence before an independent judge.
by Aziz Huq

Yesterday in the Senate Judiciary Committee the Bush administration unveiled proposed new legislation to respond to the Supreme Court’s June ruling in Hamdan v. Rumsfeld. A final version of this legislation remained concealed right up to the day before the Senate hearing. Such secrecy disarms the publicand more importantly for yesterday’s hearing, congressional staffers who need to brief their bossesfrom analyzing and understanding the draft. This secrecy, aside from some leaked drafts of the bill, should sound alarm bells about what the administration is about to propose.

It appears the legislation moves two steps back for every step forward it takes in responding to problems identified by the Supreme Court. More dangerously, the administration’s proposed legislation likely will seek to assail vital checks and balances in subtle, invidious ways that might escape Congress’ attention.

Strictly speaking, the Supreme Court’s decision in Hamdan concerned only the president’s deeply flawed and procedurally irregular military commissions at Guantánamo. Yet any legislative response is likely to sweep further than the relatively narrow matter of how persons detained in battle can be tried for violations of the law of war…

     
http://www.tompaine.com/articles/2006/08/02/were_all_enemy_combatants_now.php

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