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FYI the bill's definition for enemy combatant:
(1) UNLAWFUL ENEMY COMBATANT- (A) The term `unlawful enemy combatant' means an individual determined by or under the authority of the President or the Secretary of Defense--
`(i) to be part of or affiliated with a force or organization (including al Qaeda, the Taliban, any international terrorist organization, or associated forces) that is engaged in hostilities against the United States or its co-belligerents in violation of the law of war;
`(ii) to have committed a hostile act in aid of such a force or organization so engaged; or
`(iii) to have supported hostilities in aid of such a force or organization so engaged.
Hmmmm so the President or Secdef have the authority to say you're adiing terrorists and therefore you're an "unlawful enemy combatant"?
Some other gems from the bill:
* Certain sections of the Uniform Code of Military Justice are deemed inapplicable - including some relating to a speedy trial [Sec.948b (d)(1)(A)], compulsory self-incrimination [Sec.948b (d)(1)(B)], and pre-trial investigation [Sec.948b (d)(1)(C)].
* A civilian defense attorney may not be used unless they have clearance to view materials classified Secret. [Sec.949c(b)(3)(D)]
* Based on his findings, the judge may introduce hearsay evidence [Sec.949a(b)(2)(E)(i)], evidence obtained without a search warrant [Sec.949a(b)(2)(B)], evidence obtained when the degree of coercion is disputed [Sec.948r (d)], or classified evidence not made available to the defense [Sec.949d(f)(2)(B)].
* A finding of Guilty requires only a 2/3 majority [Sec.949m(a)]
* No defendant may invoke the Geneva Conventions in legal proceedings on their behalf. [Section 5(a)]
* The President determines “the meaning and application” of the Geneva Conventions banning the torture of prisoners. [Sec.6 (a)(3)(A)]
* The accused may be tried for the same offense a second time “with his consent” [Sec.949h(a)].
* If the military commission returns a finding of Not Guilty, its convening authority is not required to take action on the findings. [Sec.950b(c)(3)]
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Retro ...
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