7.29.2006

Bush's New Bill to Handle Terrorist Detainees

From what I've read - not just at the Washington Post or Boston Globe either - this bill is just as bad as what's been in place before and speaks very badly of rules and laws we hold dear (or did before Bush-Cheney decided to scare everyone all the time). I don't see how this will stand up, considering the latest decision by the Supreme Court in the Hamdan case:

U.S. citizens suspected of terror ties might be detained indefinitely and barred from access to civilian courts under legislation proposed by the Bush administration, say legal experts reviewing an early version of the bill.

A 32-page draft measure is intended to authorize the Pentagon's tribunal system, established shortly after the 2001 terrorist attacks to detain and prosecute detainees captured in the war on terror. The tribunal system was thrown out last month by the Supreme Court.

Administration officials, who declined to comment on the draft, said the proposal was still under discussion and no final decisions had been made.

Senior officials are expected to discuss a final proposal before the Senate Armed Services Committee next Wednesday.

According to the draft, the military would be allowed to detain all "enemy combatants" until hostilities cease. The bill defines enemy combatants as anyone "engaged in hostilities against the United States or its coalition partners who has committed an act that violates the law of war and this statute."

Legal experts said Friday that such language is dangerously broad and could authorize the military to detain indefinitely U.S. citizens who had only tenuous ties to terror networks like al Qaeda.

"That's the big question ... the definition of who can be detained," said Martin Lederman, a law professor at Georgetown University who posted a copy of the bill to a Web blog.

Scott L. Silliman, a retired Air Force Judge Advocate, said the broad definition of enemy combatants is alarming because a U.S. citizen loosely suspected of terror ties would lose access to a civilian court -- and all the rights that come with it. Administration officials have said they want to establish a secret court to try enemy combatants that factor in realities of the battlefield and would protect classified information.