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Saturday, July 29, 2006

And what's to keep them from deciding that all dissidents are terrorists?
Posted by Jill | 10:08 AM
Now we know why the Bush Administration wants to monitor all phone and internet activity of all Americans:

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.

The administration's proposal, as considered at one point during discussions, would toss out several legal rights common in civilian and military courts, including barring hearsay evidence, guaranteeing "speedy trials" and granting a defendant access to evidence. The proposal also would allow defendants to be barred from their own trial and likely allow the submission of coerced testimony.


Essentially, this gives the Adminsitration carte blanche to decide who is a terrorist, and strip anyone they want of their citizenship and rights under the Constitution -- a tactic more closely identified with the old Soviet Union than with the United States of America as it used to exist before the Bush Junta took over.

The other interesting thing to note about this is it shows the Administration's willingness to tell the Supreme Court to go fuck itself when it issues decisions with which the Administration doesn't agree.

Checks and balances? We don' need no es-teenking checks and balances.
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