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Jonthon Turley on KO, Habeas Corpus, reminded me of Dodds bill

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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 10:17 PM
Original message
Jonthon Turley on KO, Habeas Corpus, reminded me of Dodds bill
Edited on Tue Feb-13-07 10:35 PM by FogerRox
Straight from Dodds website:
Today, I plan on re-introducing the Restoring the Constitution Act of 2007. The bill will restore Habeas Corpus protections to detainees, bar information acquired through torture from being introduced as evidence in trials, and limit presidential authority to interpret the meaning and application of the Geneva Conventions.



from

http://restore-habeas.org

`(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


I still can't find my Habeas Corpus.


From Dodds bill:

http://restore-habeas.org/Restoring_the_Constitution_Act_of_2007.pdf


This is Senator Dodds bill from last year. The bill that doesn't acknowledge that the Military Commissions Act only effects Habeas Corpus for non citizens. Senator Leahys bill did.

AS so eloquently spelled out by Constitutional scholar Jonthon Turley on KO, stunning video from crooks & liars:

http://movies.crooksandliars.com/Countdown-King-George.wmv">

Citizen or non citizen, anyone in this country can be declared an enemy combatant


Has Leahy changed his mind?

Has Jonathon Turley changed his mind?

Was sup, is this the bait and switch?

Section 14 of Dodds bill Repeals Section 7 (b) of Public law 109-366.

(b) Effective Date- The amendment 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 September 11, 2001.


I still can't find my Habeas Corpus.




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texpatriot2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 10:20 PM
Response to Original message
1. How did it go with Dodd today? nm
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 10:39 PM
Response to Reply #1
4. HUH?
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 11:53 PM
Response to Reply #4
7. The Key to the MCA was in the definition of enemy combatant
Doods bill in section 2 changes the definition

http://restore-habeas.org/Restoring_the_Constitution_Act_of_2007.pdf

But only in paragraph 1 of 948a. Which I have put in bold.


Sec. 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.

`(B) CO-BELLIGERENT- In this paragraph, the term `co-belligerent', with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy.


`(2) LAWFUL ENEMY COMBATANT- The term `lawful enemy combatant' means a person who is--

`(A) a member of the regular forces of a State party engaged in hostilities against the United States;

`(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or

`(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.

`(3) ALIEN- The term `alien' means a person who is not a citizen of the United States.

-------------------

this is better than I thought at first. Paragrpah 1 of section 948a was bad medicine. It allows the President to say your are a bad guy and make you vanish. Its gone. Amoungst other bad stuff.
----------------------------

I am not so scared about Dodds bill now.
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-14-07 12:39 AM
Response to Reply #7
10. The language of the MCA only denies the writ of habeas corpus
to individuals who are both aliens and enemy combatants.

Individuals who are not aliens, i.e., citizens, are not denied the writ of habeas Ccorpus.
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texpatriot2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-14-07 12:03 AM
Response to Reply #4
8. Sorry FogerRox, I should have been more clear. I haven't been
online much today, or around the news either but yesterday there was some post about Dodd introducing legislation to restore HC today, 2/13/07. I saw the ad here on DU encouraging people to co-sign the bill. I thought there might have been some action taken about this today? I was wondering if you knew anything about that?
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-14-07 12:30 AM
Response to Reply #8
9. I would support that effort, Dodds bill looks OK
Paragraph one of section 948a is changed, thats the bad stuff, like the president making people vanish....


Sec. 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.

`(B) CO-BELLIGERENT- In this paragraph, the term `co-belligerent', with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy.

`(2) LAWFUL ENEMY COMBATANT- The term `lawful enemy combatant' means a person who is--

`(A) a member of the regular forces of a State party engaged in hostilities against the United States;

`(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or

`(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.

`(3) ALIEN- The term `alien' means a person who is not a citizen of the United States.
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autorank Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 10:27 PM
Response to Original message
2. KR. This is vital informaiton. This is the first outward sign of
a repeal of the unconstitutional legislation of last term. But if it's not there, then what?

Oy vey, you're giving me agida Rox, but that's ok, it's for a cause greater than my digestion;)

Lets find out, where are the legislative aids, etc.
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 10:35 PM
Response to Reply #2
3.  I still can't find my Habeas Corpus....I dont get it, Leahy said he had a bill that recognises
Habeas for eveyone, unlike Dodds bill, NOW Leahy supports Dodds bill?

WTF?

What does Jonathon Turley think about this ?

I still can't find my Habeas Corpus.
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proud patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 11:23 PM
Response to Original message
5. Kick
:kick: I signed something about this earlier today
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bleever Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-13-07 11:28 PM
Response to Original message
6. K&R.
Maybe the age of citizens vetting pending legislation via the internet has come.

Thanks. I look forward to more discussion on this!

:thumbsup:
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