Wednesday, October 11, 2006

Military Commissions Act of 2006

The text of the subject act can be found by going to the Library of Congress site http://thomas.loc.gov and searching on bill number S.3930.ES

Of particular interest is Sec. 950j that I have included below. Pay particular attention to the text in red. I believe that it amounts to a suspension of habeas corpus.

Sec. 950j. Finality or proceedings, findings, and sentences

`(a) Finality- The appellate review of records of trial provided by this chapter, and the proceedings, findings, and sentences of military commissions as approved, reviewed, or affirmed as required by this chapter, are final and conclusive. Orders publishing the proceedings of military commissions under this chapter are binding upon all departments, courts, agencies, and officers of the United States, except as otherwise provided by the President.

`(b) Provisions of Chapter Sole Basis for Review of Military Commission Procedures and Actions- Except as otherwise provided in this chapter and notwithstanding any other provision of law

(including section 2241 of title 28 or any other habeas corpus provision), no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever,

including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter.

No comments: