The Real Reason for The Military Commisions Act, and The Act Challenged

In Civil Liberties, Freedom of Speech, Global War On Terror, Habeas Corpus, International politics, Iraq War, Laws & Regulation, US Politics on October 25, 2006 at 1:11 am

From the Jurist on October 17th:

The military commissions bill became necessary after the US Supreme Court ruled in June that the commissions, as initially constituted, lacked proper legal authorization. The law provides statutory authorization for military commission trials for Guantanamo Bay and the Bush administration has promised to immediately take steps toward beginning prosecution.

From the Jurist on June 29th:

Wire services are reporting that the US Supreme Court has ruled that military commissions at Guantanamo Bay are illegal under military law and the Geneva Conventions, holding in Hamdan v. Rumsfeld, that President Bush did not have authority to establish the commissions as constituted.

A minor update, from the Oct 17th article:

A legal challenge to the law has already been filed by a group of Afghan detainees who argue that Congress, by passing the bill, endangered the rights of detainees. The habeas stripping provisions of the new law apply retroactively, and in order for the detainees to be successful, a judge will have to strike down the portion of the new law that precludes the challenges.


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