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badbob

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Sen. Chris Dodd proposes bill to amend the "Military Commision Act of 2006"

http://www.scoop.co.nz/stories/WO0611/S00301.htm

Sen. Dodd Proposes Military Commission Act Changes
Friday, 17 November 2006, 12:17 pm
Press Release: U.S. Senator
FOR IMMEDIATE RELEASE
DODD: EFFECTIVE TERRORISTS PROSECUTION
ACT WILL BRING TERRORISTS TO JUSTICE;
HONOR AMERICA’S GOOD NAME
Washington- Senator Chris Dodd (D-CT), an outspoken opponent of the Military Commission Act of 2006, today introduced legislation which would amend existing law in order to have an effective process for bringing terrorists to justice. This is currently not the case under the Military Commission Act, which will be the subject of endless legal challenges. As important, the bill would also seek to ensure that U.S. servicemen and women are afforded the maximum protection of a strong international legal framework guaranteed by respect for such provisions as the Geneva Conventions and other international standards, and to restore America’s moral authority as the leader in the world in advancing the rule of law.

“I take a backseat to no one when it comes to protecting this country from terrorists,” Sen. Dodd said. “But there is a right way to do this and a wrong way to do this. It’s clear the people who perpetrated these horrendous crimes against our country and our people have no moral compass and deserve to be prosecuted to the full extent of the law. But in taking away their legal rights, the rights first codified in our country’s Constitution, we’re taking away our own moral compass, as well.”

The Effective Terrorists Prosecution Act:

* Restores Habeas Corpus protections to detainees

* Narrows the definition of unlawful enemy combatant to individuals who directly participate in hostilities against the United States who are not lawful combatants

* Bars information gained through coercion from being introduced as evidence in trials

* Empowers military judges to exclude hearsay evidence the deem to be unreliable

* Authorizes the US Court of Appeals for the Armed Forces to review decisions by the Military commissions

* Limits the authority of the President to interpret the meaning and application of the Geneva Conventions and makes that authority subject to congressional and judicial oversight

* Provides for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions

“We in Congress have our own obligation, to work in a bipartisan way to repair the damage that has been done, to protect our international reputation, to preserve our domestic traditions, and to provide a successful mechanism to improve and enhance the tools required by the global war on terror,” Dodd said.

badbob
 
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* Restores Habeas Corpus protections to detainees

Only a good idea if the person is a United States citizen. Otherwise, screw them, let them wait.


* Narrows the definition of unlawful enemy combatant to individuals who directly participate in hostilities against the United States who are not lawful combatants

Possibly a good idea, if they don't go nuts.

* Bars information gained through coercion from being introduced as evidence in trials

That depends on the definition of coercion. I certainly hope these thughs aren't getting more rights than U.S. citizens. The cops already use fairly coercive methods to get confessions here.

* Empowers military judges to exclude hearsay evidence the deem to be unreliable

Actually a good idea. Hearsay evidence is crap, and not just because of the confrontation clause. Heck, even the Old Testament frowned on hearsay.


* Authorizes the US Court of Appeals for the Armed Forces to review decisions by the Military commissions

OK
* Limits the authority of the President to interpret the meaning and application of the Geneva Conventions and makes that authority subject to congressional and judicial oversight


Bad idea. We should be withdrawing from the convention, as it only seems to apply to Britan and the United States.
* Provides for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions

Fair enough.
 
So you would prefer the message that we send out to nations like Iraq is that we are all for rights for American citizens. However, if you are not then we can torture you, use coerced confessions in your trial as evidence in your trial, let you rot in jail till we decide to let you go. That is the same rights they had under Saddam. Great message to send to those nations you want to foster democracy in.
 
The Effective Terrorists Prosecution Act:

Does this mean we'll not prosecute ineffective terrorists?

* Narrows the definition of unlawful enemy combatant to individuals who directly participate in hostilities against the United States who are not lawful combatants

And they think this kind of circular logic won't be subject to challenges?


* Empowers military judges to exclude hearsay evidence the deem to be unreliable

Every judge has this authority whether explicit or not. And plenty of hearsay evidence is reliable, as evidenced by the specific categories set forth in the various rules of evidence.

* Bars information gained through coercion from being introduced as evidence in trials

So the rules will treat terrorists better than American citizens who are accused of crimes, and are interrogated for 12 hours straight by multiple investigators?
 
So you would prefer the message that we send out to nations like Iraq is that we are all for rights for American citizens. However, if you are not then we can torture you, use coerced confessions in your trial as evidence in your trial, let you rot in jail till we decide to let you go

Yes, I would prefer that message. I much prefer it to the message that we are spineless and that we will allow them to use our courts as a weapon against us. I guess next you guys will argue that the Posse Comitatus Act should apply so therefore we can't use our own soldiers against them.:rolleyes:
 
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