Le site Bellaciao: coloré, multiple, ou le meilleur cotoie fort heureusement le pire, mélangé, bizarre, picabien et dadaîste, explorant toutes sortes de registres et de régimes rhétoriques, drole et polémiqueur, surréaliste: rencontre d'un parapluie et d'une machine à coudre sur une table de dissection, têtes de Lénine sur le clavier d'un piano Steinway ou Bosendorfer...
FR
ES
Senal en Vivo
VIDEO
RADIO
FRIENDS SITES
with Bellaciao
Bellaciao hosted by
To rebel is right, to disobey is a duty, to act is necessary !
Bellaciao  mobile version   |   Home  |   About us   |   Donation  |   Links  |   Contact  |   Search
LAWMAKERS AND LAWYERS CHALLENGE BUSH ADMINISTRATION MILITARY COMMISSIONS

by : William Fisher
Sunday February 18, 2007 - 19:56
2 comments

By William Fisher

In the face of multiple legal and legislative challenges, President George W. Bush this week issued an executive order to allow cases against prisoners at Guantanamo Bay, Cuba, to move forward to trials by military tribunals.

The challenges are to the constitutionality of the Military Commissions Act of 2006 (MCA), which Bush signed into law last October. The first three cases to be tried under the law involve an Australian, a Yemeni, and a Canadian, all held at Guantanamo.

The Australian, David Hicks, is expected to be formally charged by the military by the end of next week, along with Omar Khadr, a Canadian accused of killing a U.S. Army Special Forces soldier during a firefight in Afghanistan, and Salim Ahmed Hamdan, a Yemeni accused of supporting al-Qaida operatives.

Authorities drafted charges — including murder, conspiracy and providing material support for terrorism — against the three on Feb. 2. Once formal charges are filed, a timetable requires preliminary hearings within 30 days and the start of a jury trial within 120 days at Guantanamo, where nearly 400 men are still held on suspicion of links to al-Qaida or the Taliban.

On the legislative front, Senator Chris Dodd, a Connecticut Democrat and a candidate for the 2008 presidential nomination, this week introduced legislation that would make substantial changes to the MCA. He was joined by fellow Democrats Senator Patrick Leahy of Vermont, chairman of the powerful Judiciary Committee, Senator Russ Feingold of Wisconsin, and Senator Robert Menendez of New Jersey.

The Dodd legislation 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 they 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, and provides for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions.

The principle of habeas corpus, originally contained in the Magna Carta, has been one of the cornerstones of U.S. law since the nation’s founding. It gives a detainee the right to go to court to challenge the authority of the prison or jail warden to continue to hold him or her.

Similar legislation was introduced earlier by Leahy and Republican Senator Arlen Specter of Pennsylvania. Leahy said the bill would “restore the habeas corpus protections to millions of legal residents.”

Both bills are strongly supported by civil and human rights advocacy groups. The American Civil Liberties Union (ACLU) recently sent an email to its 40,000- person email list voicing support for Sen. Dodd’s bill and asking its supporters to do the same. The bill is also supported by Amnesty International, Human Rights Watch, Human Rights First, the Center for Victims of Torture, Open Society Institute, and Torture Abolition and Survivors Support Coalition International.

On the legal side, lawyers representing detainees at Guantanamo Bay have petitioned the U.S. Court of Appeals for the District of Columbia Circuit to declare the suspension of habeas rights unconstitutional. In an amicus – friend of the court — brief in the case, seven retired federal judges urged the appeals court to rule that parts of the MCA violate the Constitution.

Multiple challenges to the MCA were filed even before President Bush signed the act into law. For example, the case of Ali al-Marri challenges the authority the law gives the President to declare a legal U.S. resident as an ‘enemy combatant’ and jail him forever without pressing charges.

Al-Marri’s lawyers warn that if the government prevails, it would expose more than twenty million non-citizens residing in the U.S. to the risk of indefinite detention on the basis of unfounded rumors, mistaken identity and lies.

Other suits were also filed before the MCA officially became law, with defense lawyers asking federal judges to strike down key parts of the measure as unconstitutional.

Two suits were filed last October in U.S. District Court challenging whether the MCA retroactively strips the courts of jurisdiction to hear detainee cases, and if so, contending that this would that amount to an unconstitutional suspension of the writ of Habeas Corpus.

The MCA bars judges from hearing detainee lawsuits. Instead, it sets up a much more limited appeals process for detainees who are seeking to challenge their designation as an enemy combatant or to challenge a war crimes conviction by a military commission.

One suit was filed on behalf of a detainee who is expected to be among the first to be tried under the new law, Majid Khan, one of the 14 so-called high-value Al Qaeda suspects recently transferred to Guantanamo from secret Central Intelligence Agency prisons. The other was filed on behalf of 25 detainees being held among some 500 men at Bagram Air Force Base in Afghanistan.

The Khan suit says that despite being held in secret CIA detention for 3-1/2 years, Khan, whose family lives in Baltimore, has never had a hearing before a neutral judge or military panel to determine the legality of his detention. It claims that as a CIA prisoner, Khan was subjected to torture and cruel, inhuman, or degrading treatment, and coerced into making false and unreliable statements.

These suits join more than 400 other detainee cases filed on behalf of prisoners at Guantánamo currently pending before U.S. district or appeals court judges in Washington.

Legal experts expect many of these cases to eventually be heard by the Supreme Court.

All the Guantánamo suits had been put on hold pending the high court’s ruling in the Hamdan case last June. In that case, the court struck down the Bush administration’s military commission process as illegal and ruled that a December 2005 law, the Detainee Treatment Act, had not retroactively stripped the Supreme Court of authority to decide the Hamdan case.

But, while preserving its own jurisdiction in the Hamdan case, the high court did not make clear whether other courts retained jurisdiction to hear and decide existing detainee cases.

Bush administration officials contend that the suits are a major distraction in the war on terror. They argue that Al Qaeda suspects are no more entitled to litigate legal claims against the U.S. in American courts than were German POWs in World War II.

These cases are all wending their way through the U.S. courts.

Meanwhile, lawyers for the three men expected to face Military Commission trials are claiming that tight deadlines, rules allowing hearsay evidence, and limited access to Guantanamo are hampering their efforts to defend their clients.

The government has proposed limiting contact between defense lawyers and detainees because detainees’ communications, such as news of world events, could incite the prisoners to violence.

The defense attorneys say the new tribunal rules have put them at a disadvantage even before the trials begin. They claim that one of their greatest obstacles is their inability to speak with clients unless they travel to Guantanamo.

Marine Lt. Col. Colby Vokey, an attorney for 20-year-old Khadr, said his client refused to leave his cell last week, and they were unable to meet during his visit to Guantanamo. He said Khadr is not told when he visits and likely chose not to move because it is one of his only ways of resisting his jailers.

"Everything about Guantanamo is an obstruction. It’s practically impossible to represent somebody down there," said Vokey, adding that he has not been able to show Khadr any evidence because guards have refused to let him bring it into their meetings.

The new rules would also tighten censorship of mail from attorneys and give the military more control over what lawyers can discuss with their clients. The number of face-to-face meetings between defense attorneys and detainees would be limited to a total of four. There are now no restrictions on the number of times they can meet.

The government says current rules have allowed detainees to receive books or articles about terrorist attacks in Iraq, London and Israel, as well as details of the prisoner abuse investigation at Iraq’s Abu Ghraib prison.

Numerous human rights organizations have weighed in on this issue. Mary Shaw of Amnesty International USA, probably sums it up best.

“With passage of the Military Commissions Act,” she says, “human rights violations perpetrated by the Bush administration in the ‘war on terror’ have in effect been given the congressional stamp of approval. This raises serious questions about the U.S. government’s commitment to due process and the rule of law.”

She adds, “The ‘war on terror’ must not be used as an excuse to deny the basic human rights of any person. Amnesty International will continue to campaign for U.S. ‘war on terror’ detention policies and practices to be brought into full compliance with international law, and for repeal of any law that fails to meet this test.”

President Bush may be racing the clock to get these Guantanamo trials underway before congress or the courts cut him off at the knees. But, at this point, it’s unclear whether he’s winning or losing.



Leave a comment
Print this article


Commentaires de l'article
 

LAWMAKERS AND LAWYERS CHALLENGE BUSH ADMINISTRATION MILITARY COMMISSIONS
Sunday February 18 - 23:15 - Posted by 36691eb50f44c314...

What about the Warner bill signed at the same time as the Military Comm. Act? It’s more dangerous than the Military Comm. Act.




LAWMAKERS AND LAWYERS CHALLENGE BUSH ADMINISTRATION MILITARY COMMISSIONS
Tuesday February 20 - 01:44 - Posted by eb09307fe864db73...

due to the suspension of habeas corpus, thanks to the Military Commissions Act, there is no legal recourse for detainees of the United States. the lawyers for hospital administrator Adel Hamad, a detainee at Guantanamo, thus took the unprecedented step of releasing video testimony on YouTube to the court of public opinion.

You can see this compelling video at:

projecthamad.org

where you can also add your name in support of habeas restoration as well as read a blog posting by Brandon Mayfield, the U.S. citizen wrongfully incarcerated for the Madrid bombings who is now challenging the constitutionality of the Patriot Act in district court







PEOPLE OF COLOR: THE NFL DOESN’T GIVE A DAMN ABOUT YOU
Tuesday 17 - 23:07
by David R. Hoffman, Legal Editor of Pravda.Report
TRUMP, JONES, THE NFL, AND THE NEW MCCARTHYISM
Tuesday 10 - 23:14
by David R. Hoffman, Legal Editor of Pravda.Report
Catalonia referendum: 90% voted for independence, say officials (video)
Monday 2 - 09:55
Catalonia referendum: ’Spanish authorities are the criminals’ (video)
Monday 2 - 09:47
If I was truly evil
Tuesday 12 - 14:22
Yves Bouvier Faces Swiss Tax Investigation
Saturday 9 - 03:27
by lishk
The Polisario front suspected of double-play around humanitarian aid hijacking
Friday 8 - 21:44
by NathanT
The Polisario front suspected of double-play around humanitarian aid hijacking
Friday 8 - 21:37
by Nathan Taylor
AMERICA’S JUDASES
Sunday 27 - 20:02
by David R. Hoffman, Legal Editor of Pravda.Report
What happend to Soraya and Hussein Khashoggi?
Friday 25 - 20:38
by Perseus
The falling Max Ehrich
Thursday 17 - 19:40
by celbbetty
DAMN THE NFL
Wednesday 16 - 01:44
by David R. Hoffman, Legal Editor of Pravda.Report
Overplaying your hand
Thursday 10 - 12:36
Gujarat Flood 2017 Devastation- Inevitable or Orchestrated in Dhanera ?
Thursday 3 - 06:19
by Dwarika Nath Rath
Multiple citizenship & Zionist subversion of America, Australia, India, Humanity
Wednesday 2 - 03:10
by Dr Gideon Polya
I’M AN IDIOT AND I VOTE
Thursday 27 - 23:23
by David R. Hoffman
The Top Ten Art Scandals That Have Rocked the World
Tuesday 18 - 15:48
by Curtis Judge
John Pilger slams Mainstream silence re Apartheid Israel crimes: Free Palestine
Thursday 13 - 02:43
by Dr Gideon Polya
RUSSIAN MAFIA – NOW IN DUBAI?
Monday 3 - 14:52
by James Dolay
THE NFL IS RACIST
Saturday 1 - 00:31
by David R. Hoffman, Legal Editor of Pravda.Report
Australian Finkel Review has dirty energy for 50 years & ignores 25 key issues
Monday 19 - 03:37
by Dr Gideon Polya
ENOUGH IS ENOUGH: JUSTICE FOR PHILANDO CASTILE
Sunday 18 - 01:03
by David R. Hoffman, Legal Editor of Pravda.Report
Find out what is true and false about climate change - Kenneth Pouchet
Friday 16 - 17:43
by Kenneth Pouchet
Freedom For Me, But Not You
Wednesday 31 - 02:17
by David R. Hoffman, Legal Editor of Pravda.Report
Post-Apartheid, non-racist, One State, democratic Palestine can happen tomorrow
Tuesday 30 - 08:21
by Dr Gideon Polya
A Review of Gilad Atzmon’s new book, “Being In Time: The Post-Political Manifes
Wednesday 17 - 21:23
by June Terpstra
Avoiding Another War in North Korea
Sunday 14 - 18:27
by William John Cox
Judah Ben Hur for President 2020
Saturday 13 - 16:15
by William Morgan
ARTICLES OF IMPEACHMENT FOR DONALD J. TRUMP
Saturday 13 - 02:33
by David R. Hoffman, Legal Editor of Pravda.Report
As War Party shadow boxes, its agenda surges unopposed
Friday 12 - 14:28
by Daniel Patrick Welch
Yves Bouvier caught in a real estate bankruptcy
Thursday 11 - 20:19
by Pierre Gove
Book: This Is How The State Fucks Your Mind
Tuesday 9 - 19:16
by OAF
ISRAEL’S 1967 ATTACK ON INTELLIGENCE SHIP U.S.S. LIBERTY - THE ONLY MYSTERY
Thursday 20 - 20:06
by JOHN CHUCKMAN
Denmark eaten down to the bone, what’s next?
Wednesday 19 - 16:22
by Henrik Petersen
A Financial Toll Tax: Transform, Not Reform, the U.S. Tax System
Monday 17 - 22:55
by William John Cox
COMPLETE DEGRADATION OF A SELF-STYLED GREAT NATION
Saturday 8 - 16:35
by JOHN CHUCKMAN
ATTACKING PEOPLE WITH FLEETS OF MISSILES BEFORE YOU HAVE ANY FACTS
Friday 7 - 20:34
by JOHN CHUCKMAN
Syrian rebels used Sarin nerve gas, not Assad’s regime: U.N. official
Thursday 6 - 23:09
by Shaun Waterman
TRUMP’S FRIGHTENING TURNAROUND ON SYRIA – A STRONG SIGNAL ABOUT WHO REALLY RUNS
Thursday 6 - 17:22
by JOHN CHUCKMAN
AMERICA’S POLITICS WITHOUT MEANING - THE FUNDAMENTAL QUESTIONS ABOUT THE COUNTRY
Thursday 30 - 17:37
by JOHN CHUCKMAN

home | webmaster



Follow-up of the site's activity
RSS Bellaciao En


rss FR / rss IT / rss ES



Bellaciao hosted by DRI

It is the responsibility of the intellectual to speak the truth and to expose lies. Noam Chomsky
Facebook Twitter Google+
DAZIBAO
I, European citizen, won’t let refugees be rejected in my name
Thursday 10 March
©Olivier Jobard/Myop I, European citizen, won’t let refugees be rejected in my name THE RIGHT TO ASYLUM IS A RIGHT In the phrase « right to asylum », every word matters. Under the law, every person who is persecuted because of his or her political opinions or because of his or her identity, every person that is endangered by violence, war or misery has a RIGHT to seek asylum in another country The aim of this petition is to collect (...)
read more...
Neo-Nazis and far-right protesters in Ukraine 3 live-stream
Friday 24 January
2 comments
The far-right in Ukraine are acting as the vanguard of a protest movement that is being reported as pro-democracy. The situation on the ground is not as simple as pro-EU and trade versus pro-Putin and Russian hegemony in the region. When US Senator John McCain dined with Ukraine’s opposition leaders in December, he shared a table and later a stage with the leader of the extreme far-right Svoboda party Oleh Tyahnybok. This is Oleh Tyahnybok, he has claimed a "Moscow-Jewish mafia" (...)
read more...
Hugo Chavez is dead (video live)
Wednesday 6 March
by : Collective BELLACIAO
1 comment
President Hugo Chavez companeros venezueliano died after a long battle with cancer.
read more...
International initiative to stop the war in Syria Yes to democracy, no to foreign intervention!
Thursday 13 December
Your support here: http://www.peaceinsyria.org/support.php We, the undersigned, who are part of an international civil society increasingly worried about the awful bloodshed of the Syrian people, are supporting a political initiative based on the results of a fact-finding mission which some of our colleagues undertook to Beirut and Damascus in September 2012. This initiative consists in calling for a delegation of highranking personalities and public figures to go to Syria in order to (...)
read more...
THE KU KLUX KLAN ONCE AGAIN CONTROLS INDIANA
Monday 12 November
by : David R. Hoffman, Legal Editor of Pravda.Ru
7 comments
At first glance, the results of America’s 2012 election appear to be a triumph for social, racial, and economic justice and progress in the United States: California voters passed a proposition requiring the rich to shoulder their fair share of the tax burden; Two states, Colorado and Washington, legalized the recreational use of marijuana, while Massachusetts approved the use of marijuana for medical purposes; Washington and two other states, Maine and Maryland, legalized same-sex (...)
read more...
I’VE DECIDED TO "WASTE" MY VOTE
Sunday 28 October
by : David R. Hoffman, Legal Editor of Pravda.Ru
In a 2004 episode of Comedy Central’s animated series South Park, an election was held to determine whether the new mascot for the town’s elementary school would be a “giant douche” or a “turd sandwich.” Confronted with these two equally unpalatable choices, one child, Stan Marsh, refused to vote at all, which resulted in his ostracization and subsequent banishment from the town. Although this satirical vulgarity was intended as a commentary on the two (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART IV
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART I PART II PART III If there is one major inconsistency in life, it is that young people who know little more than family, friends and school are suddenly, at the age of eighteen, supposed to decide what they want to do for the rest of their lives. Unfortunately, because of their limited life experiences, the illusions they have about certain occupations do not always comport to the realities. I discovered this the first time I went to college. About a year into my studies, I (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART III
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART I PART II PART IV Disillusioned with the machinations of so-called “traditional” colleges, I became an adjunct instructor at several “for-profit” colleges. Thanks largely to the power and pervasiveness of the Internet, “for-profit” colleges (hereinafter for-profits) have become a growing phenomenon in America. They have also been the subject of much political debate and the focus of a Frontline special entitled College Inc. Unlike traditional (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART II
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART I PART III PART IV Several years ago, a young lady came into the college where I was teaching to inquire about a full-time instructor’s position in the sociology department. She was advised that only adjunct positions were available. Her response was, “No thanks. Once an adjunct, always an adjunct.” Her words still echo in my mind. Even as colleges and universities raise their tuition costs, they are relying more and more on adjunct instructors. Adjuncts are (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART I
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART II PART III PART IV When The Bill of Rights was added to the United States Constitution over two hundred years ago, Americans were blessed with many rights considered to be “fundamental.” One conspicuously missing, however, was the right to an education. This was not surprising given the tenor of the times. America was primarily an agrarian culture, and education, especially higher education, was viewed as a privilege reserved for the children of the rich and (...)
read more...
ONE SOLITARY LIFE, PART TWO
Monday 30 July
by : David R. Hoffman, Legal Editor of Pravda.Ru
3 comments
If there is one universal question that haunts all human beings at some point in their lives, it is, “Why do we die?” Death, after all, is the great illogic. It ultimately claims all, the rich and the poor, the mighty and the small, the good and the evil. Death also has the capability to make most human pursuits—such as the quest for wealth, fame and power—vacuous and fleeting. Given this reality, I have often wondered why so many people are still willing to (...)
read more...
HOW MUCH CORRUPTION CAN DEMOCRACY ENDURE?
Thursday 28 June
by : David R. Hoffman, Legal Editor of Pravda.Ru
6 comments
How much corruption can a “democracy” endure before it ceases to be a democracy? If five venal, mendacious, duplicitous, amoral, biased and (dare I say it) satanic Supreme Court “justices”—John Roberts, Samuel Alito, Antonin Scalia, Clarence Thomas and Anthony Kennedy—have their way, America will soon find out. In several previous articles for Pravda.Ru, I have consistently warned how the Supreme Court’s 2010 Citizens United decision is one of the (...)
read more...
DEMOCRACY IN THE HANDS OF IDIOTS, PART TWO
Tuesday 12 June
by : David R. Hoffman, Legal Editor of Pravda.Ru
1 comment
Imagine, if you will, that the United States government passes a law banning advertisers from sponsoring commercials on Rush Limbaugh’s radio show or Rupert Murdoch’s Fox (Faux) “News” Network. On one hand, there would be two decided advantages to this ban: The National IQ would undoubtedly increase several percentage points, and manipulative pseudo-journalists would no longer be able to appeal to the basest instincts in human nature for ratings and profit while (...)
read more...
DEMOCRACY IN THE HANDS OF IDIOTS
Thursday 7 June
by : David R. Hoffman, Pravda.Ru Legal Editor
4 comments
LIVE, from the State that brought you Senator Joseph McCarthy, Wisconsin voters now proudly present, fresh from his recall election victory, Governor Scott Walker! At first glance, it is almost unfathomable that anyone with a modicum of intelligence would have voted to retain Scott Walker as Wisconsin’s governor. This, after all, is a man who openly declared he is trying to destroy the rights of workers through a “divide and conquer” strategy; who received 61% of the (...)
read more...
PEOPLE WITHOUT SOULS
Tuesday 13 March
by : David R. Hoffman, Legal Editor of Pravda.Ru
2 comments
A question I’ve frequently been asked since I began writing for Pravda.Ru in 2003 is, “Why did you become disillusioned with the practice of law?” This question is understandable, particularly since, in most people’s minds, being an attorney is synonymous with wealth and political power. I’ve always been reluctant to answer this question for fear it will discourage conscientious and ethical people from pursuing careers in the legal profession—a (...)
read more...