Sep. 28th, 2006

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I'm watching Senate Bill 3930 and its amendments be voted on the floor of the senate. (that link may not be the final version, and i can't tell if ithas the proposed amendments).

it got pushed through the house already. in a few moments, it will be law. among the scarier aspects? take a peek.

section 948B Military commissions generally
`(f) Geneva Conventions Not Establishing Source of Rights- No alien enemy unlawful combatant subject to trial by military commission uner this chapter may invoke the Geneva Conventions as a source of rights at his trial by military commission.'

Lawful v. unlawful combatants per section 948A

`(3) LAWFUL ENEMY COMBATANT- The term `lawful enemy combatant' means an individual who is--

`(A) a member of the regular forces of a State party engaged in hostilities against the United States;

`(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or

`(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.

`(4) UNLAWFUL ENEMY COMBATANT- The term `unlawful enemy combatant' means an individual engaged in hostilities against the United States who is not a lawful enemy combatant.

anyway....back to the fun stuff...

also under section 948B

`(c) Inapplicability of Certain Provisions- (1) The following provisions of this title shall not apply to trial by military commission under this chapter:

`(A) Section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial.

`(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination.

`(C) Section 832 (article 32 of the Uniform Code of Military Justice), relating to pretrial investigation.

what fun eh? but wait, there is more...

the best part, and the part that nearly had me blinded with rage as i was listening to it on the road and still brings me to tears as i type...Sec B Habeas Corpus Matters.

habeas corpus has existed since at LEAST the 13th C (see here for the gory details). the short version, is that this prevents government entities from holding people without charges and for unlimited amounts of time (i'm GREATLY oversimplifying). EVEN MONARCHIES NOT KNOWN FOR RESPECTING INDIVIDUAL RIGHTS HAVE HAD HABEAS CORPUS!!

here's what our friendly senate bill says...

`(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who--

`(A) is currently in United States custody; and

`(B) has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

`(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien detained by the United States who--

`(A) is currently in United States custody; and

`(B) has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.

special note...THIS SECTION DOES NOT INDICATE WHETHER THEY ARE A LAWFUL OR UNLAWFUL COMBATANT!!

Section 7 continues with the snubbing of the geneva convention...i'll not copy it here, you have the links (or go to www.congress.gov and search for S.3930)

all of the democratic amendments to limit it in someway have so far failed. i can't believe PEOPLE, regardless of party would vote for something that so FLAGRANTLY flaunts those rights we claim to be fighting for and promoting.

i fear what this means for our soldiers who are in custody some day. what will happen to them, if the mentality is "well, the US is going to torture and hold forever our soldiers..."

oh what the hell, just one...(a) In General- No person may invoke the Geneva Conventions, or any protocols thereto, in any habeas or 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.

i have to stop...the more i read, the more sick to my stomach i get. this is a scary precedent to begin. the PATRIOT ACT has not and will not stop just on terrorism suspects...this will not either.

i've never cried over a governmental decision from any branch...until today. a republican on air america (!) was wondering what it was going to take to get people to get to the streets. i used to dismiss such revolutionary talk as not necessary. now i'm not so sure.

AND IF THAT GETS ME ON A FREAKIN' LIST SO BE IT.

i post it here, AND PUBLICLY so folks KNOW...this stuff is REALLY HAPPENING, it's not some paranoid delusion.

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