Habeas corpus ("You have the body")
This ancient law is one which, basically, allows rights for somebody to fair trial, ie innocent until proved guilty, but also ensuring governments behave themselves by preventing arbitrary arrest, forcing them to "produce the prisoner", and provide justification for detention as well. The bill being introduced now by the US administration, on the face of it for use only with suspected terrorists (forget the argument about whether even that is acceptable for a minute), actually overturns the right of habeas corpus. What they are sneaking in inside this bill is the ability for the president to designate who is an "illegal enemy combatant", and this does NOT exclude a US citizen.
Quote:(Subsection 4(b) (26) of section 950v. of HR 6166 - Crimes triable by military commissions - includes the following definition)
"Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct."
Why would a foreign terrorist have "an allegiance or duty to the US"?
But anyway, as the New York Times has pointed out:
"A dangerously broad definition of “illegal enemy combatant” in the bill could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal. The president could give the power to apply this label to anyone he wanted."
Do I need to go any further?
"Oh", we say, "but they wouldnt do that"....
Quote:(Subsection 4(b) (26) of section 950v. of HR 6166 - Crimes triable by military commissions - includes the following definition)
"Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct."
Why would a foreign terrorist have "an allegiance or duty to the US"?
But anyway, as the New York Times has pointed out:
"A dangerously broad definition of “illegal enemy combatant” in the bill could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal. The president could give the power to apply this label to anyone he wanted."
Do I need to go any further?
"Oh", we say, "but they wouldnt do that"....
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