Military Commissions Act of 2006
Posted by Lurch on June 05, 2007 • Comments (0)TrackBack (0)Permalink

The WaPo seems to have had some pretty good coverage of this vital resuscitation of American democracy:

A U.S. military judge dismissed all charges yesterday against a Canadian detainee at Guantanamo Bay, Cuba, ruling that his war-crimes trial cannot move forward under the current military commissions law, a decision that could delay future legal proceedings at the U.S. detention facility.

Army Col. Peter Brownback's decision suspended the case against Omar Khadr, a 20-year-old detainee who allegedly killed a U.S. serviceman during fighting in Afghanistan in 2002. Khadr, whom the military has labeled an "enemy combatant," was scheduled to be arraigned yesterday in what was to be the second case to go before a military commission at Guantanamo Bay.

But Brownback decided that the Military Commissions Act (MCA) of 2006, which sets the rules for trying detainees at Guantanamo Bay, limits such commissions to "unlawful enemy combatants" and concluded that the military has never classified Khadr as "unlawful."

It’s a good thing in several respects because the law, and the process that spawned it, was grievously flawed. Too many of these prisoners arrived under highly suspicious circumstances, and the Pentagon spent entirely too long pissing around, tormenting these people with unconscionable terms of imprisonment.

Federal Courts have already driven two nails into the MCA idea with Hamden and Hamdi.

Sen. Lindsey O. Graham (R-S.C.), a sponsor of the MCA, said in an interview yesterday that he thinks the law applies to Guantanamo Bay detainees, but added that he is pleased that judges are scrutinizing it.

"This is a good example of where, in a rule of law context, words matter," Graham said. "I readily understand that in the terrorist world, words don't matter. This is one of our strengths, not a weakness."

And we all know how rule-of-lawish those Republicans are.

Our Petulant-in-Chief will now demand this matter be referred to the Supreme Court. His advisers, or at least those not already in deep discussion with their own advisers, will suggest not going to the Supremes.

The MCA will fall, which is a shame in some respects. I was sort of looking forward to a vengeful President Clinton making Presidential findings and hauling them all off to Gitmo.

Hey – it’s the best I can do when dreaming. Pamela Anderson and Susan Sarandon seem to have forgotten my address.

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