Tuesday, October 17, 2006

Death of a corpus




The following information was gleaned from the Military Commissions Act 2006:

948a. Definitions
‘‘In this chapter:
‘‘(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.

Section ii is extremely important because it destroys habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. Therefore, anyone, citizen or not can be deemed an unlawful enemy combatant. This power now is squarely in the hands of the President of the United States and/or the Sec. of Defense. Lost is the court and lawyer privilege, afforded you in the bill of rights. You will be remanded to a military tribunal and held incommunicado. Charges do not have to be filed and your location, in accordance with the Patriot Act, does not have to be revealed.

They have crossed the last Rubicon and liberty through justice has now withered on the vine. The constitution is better served as kindling. We are now under siege without judicial recourse. It is K. waking up with the two shadowy figures looking down on him saying, simply “come with me.” In fact, Kafka’s The Trial and Orwell’s 1984 Big Brother INGSOC are now joined at the hip. It is a Frankenstein of despotic proportions.

2 Comments:

Anonymous Anonymous said...

You can't be serious.

3:10 PM  
Blogger JDAvignon said...

Have you read the bill?

3:21 PM  

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