Need help w/specifics on detainee bill to refute freeper!

[Fiendish Thingy]

Can anyone provide me with quotes or directions to the actual language in the Military Commissions Act(SB3930) that pertain to Presidential authority to designate Enemy combatants, define torture, and abolish habeas corpus?
This will help me refute a freeper on another board, as well as educate family and friends who don't believe this bill is as catostrophic as it is...
I'm looking through the entire 38 page bill now, but I'm not a lawyer, so any help would be appreciated...
Thanks in advance,
FT

[ClassWarrior]

1. Tape Olbermann tonight. He's doing a segment called "The Death..."

"...of Habeas Corpus."

NGU.

[meganmonkey]

2. Comes down to the definition of 'enemy combatant'

Here is Molly Ivins analysis:
http://www.truthdig.com/report/item/20060927_molly_ivins_habeas_corpus


Here is the relevant text of the bill:

http://corner.nationalreview.com/post/?q=Zjk0M2E1ZjhhYWRkMDM2YzRjMGRmZjczMmM2MzZjMTg=

The relevant provisions in HR 6166 are:
Sec. 948a. Definitions

`(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.

Sec. 948d. Jurisdiction of military commissions

`(a) Jurisdiction- A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001.

`(b) Lawful Enemy Combatants- Military commissions under this chapter shall not have jurisdiction over lawful enemy combatants. Lawful enemy combatants who violate the law of war are subject to chapter 47 of this title. Courts-martial established under that chapter shall have jurisdiction to try a lawful enemy combatant for any offense made punishable under this chapter.

`(c) Determination of Unlawful Enemy Combatant Status Dispositive- A finding, whether before, on, or after the date of the enactment of the Military Commissions Act of 2006, by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense that a person is an unlawful enemy combatant is dispositive for purposes of jurisdiction for trial by military commission under this chapter.

`(d) Punishments- A military commission under this chapter may, under such limitations as the Secretary of Defense may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when authorized under this chapter or the law of war.


http://corner.nationalreview.com/post/?q=Zjk0M2E1ZjhhYWRkMDM2YzRjMGRmZjczMmM2MzZjMTg=

[sinkingfeeling]

3. Habeas corpus section here:

SEC. 6. HABEAS CORPUS MATTERS.

(a) In General- Section 2241 of title 28, United States Code, is amended--

(1) by striking subsection (e) (as added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742)) and by striking subsection (e) (as added by added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477)); and

(2) by adding at the end the following new subsection:

`(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who--

`(A) is currently in United States custody; and

`(B) has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

`(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien detained by the United States who--

`(A) is currently in United States custody; and

`(B) has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.

(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since

[Fiendish Thingy]

4. Thanks for the info so far...

I thought there was some language in there (not sure if it was Senate or House version) that limited a detainee's ability to challenge a verdict, changing the word "challenge" to "respond" (and they could only "respond" one time) with no rights to an appeal?