Military Commissions Act of 2006

[Gadiantor]

Originally posted by kestra
I'd like to know how someone detained indefinately appeals a decision. Also, who or what qualifies as an unlawful combatant. Protestors? I also watched Obermann's editorial the other night, and found it quite interesting.

Mala was nice enough to put the link up, so you can read the act yourself instead of relying on the news media to tell you what it says. Both sides of the media are guilty of gross misrepresentation, so I'd not rely too much on what you hear on the news.

Protestors in no way come close to unlawful combatants. Fron the definitions section of the act:

`(1) UNLAWFUL ENEMY COMBATANT- (A) The term `unlawful enemy combatant' means--

`(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or

`(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.

So, you also have to know what a lawful combatant is. Fortunately that is also defined:

`(2) LAWFUL ENEMY COMBATANT- The term `lawful enemy combatant' means a person 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.

I'm sure the leagalese will make people quibble about exactly who falls into the category and people won't trust the Combatant Status Review Tribunal's judgement. This is why there is an appeal process.

As far as the appeal process, legal representation will guilde the defendant through the process. Legal representation is provided for the defendant as the act lays out:

`(c) Military Defense Counsel- Subject to subsection (e), military defense counsel detailed for a military commission under this chapter must be a judge advocate (as so defined) who is--

`(1) a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; and

`(2) certified as competent to perform duties as defense counsel before general courts-martial by the Judge Advocate General of the armed force of which he is a member.

Some personal insight into military defense attorneys, they are generally speaking some of the best attorneys in the military.

This act actually has some advantages for the defendant that aren't available to military members taken to court martial. While I'm sure it isn't perfect, it is far from a sanction by the government for the military to detain, torture, and kill anyone they want.

[Aristotle]

Please tell me Keith Olberman is not being quoted here as an actual journalist. He was a decent ESPN stereotypical, hyperbolic sports ranter, but he is totally out of his element trying to handle real news.

He is such a pathetic, mean spirited, laughable hack that he actually manages to make the abysmal MSNBC look worse.

The most noteworthy thing he has done in his post-ESPN career is get blasted in the media for the woman he romanced via email, banged in a one-night stasnd, and then never called again, only to have the bitter woman share his emails with the media. Ooops. (Just heard about this one on the radio news a couple days ago. A typical, classless Olberman gem).

[kestra]

The most noteworthy thing he has done in his post-ESPN career is get blasted in the media for the woman he romanced via email, banged in a one-night stasnd, and then never called again, only to have the bitter woman share his emails with the media. Ooops. (Just heard about this one on the radio news a couple days ago. A typical, classless Olberman gem).

Considering the fact the California's governor is a former action movie star, I don't have a problem with this.
I couldn't give a rat's ass about this type of tabloid info. It should be noted that this hack won an Edward R. Murrow Award for reporting from the site of the 9/11 attacks for 40 days on ABC Radio and Los Angeles radio station KFWB.

One of my favorite commentaries of his was his criticism of Rumsfeld, comparing the Bush administration's detractors to the Nazi appeasers prior to World War II, thereby accusing any who disagree with the President of "moral or intellectual confusion" and weakening free society.

I've read up on Olbermann's bio and controversies. He's done some pretty stupid things; however, the message is more important than the messenger.

[Darion]

Considering the fact the California's governor is a former action movie star, I don't have a problem with this.

Not to drift too far off-topic, but what does this juxtaposition have to do with anything?

[Bael]

Found a decent PDF of the act, which can be found here. Wheeee