15 SEC. 7. HABEAS CORPUS MATTERS.
16 (a) IN GENERAL.—Section 2241 of title 28, United
17 States Code, is amended by striking both the subsection
18 (e) added by section 1005(e)(1) of Public Law 109–148
19 (119 Stat. 2742) and the subsection (e) added by added
20 by section 1405(e)(1) of Public Law 109–163 (119 Stat.
21 3477) and inserting the following new subsection (e):
22 ‘‘(e)(1) No court, justice, or judge shall have jurisdic23
tion to hear or consider an application for a writ of habeas
24 corpus filed by or on behalf of an alien detained by the
25 United States who has been determined by the United
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1 States to have been properly detained as an enemy com2
batant or is awaiting such determination.
3 ‘‘(2) Except as provided in paragraphs (2) and (3)
4 of section 1005(e) of the Detainee Treatment Act of 2005
5 (10 U.S.C. 801 note), no court, justice, or judge shall have
6 jurisdiction to hear or consider any other action against
7 the United States or its agents relating to any aspect of
8 the detention, transfer, treatment, trial, or conditions of
9 confinement of an alien who is or was detained by the
10 United States and has been determined by the United
11 States to have been properly detained as an enemy com12
batant or is awaiting such determination.#%92#%92.
13 (b) EFFECTIVE DATE.—The amendment made by
14 subsection (a) shall take effect on the date of the enact15
ment of this Act, and shall apply to all cases, without ex221222
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ception, pending on or after the date of the enactment of
17 this Act which relate to any aspect of the detention, trans18
fer, treatment, trial, or conditions of detention of an alien
19 detained by the United States since September 11, 2001.
The above pretty much frees the United States of any wrongful detention or treatment of people.... even goes as far as to say "conditions of detention" and is dated "since September 11, 2001."
Pardon me but that makes me wonder what they are covering up and protecting themselves from.
**I did read the bill. The beginning states about how every person IS entitled to trail, fair treatment... all that jazz. THEN at the bottom where I have posted above basically states that NO ONE may try against the United States for ANYTHING (including right to trial, treatment, detention, condiditons of detention, etc). So, basically the bottom part just lets them out of all the crap they said before it. Crazy.
And to further discuss what you have posted about aliens. Yes, thats the definition of an alien. This bill uses the term "Enemy Combatant" throughout. It defines UNLAWFUL and LAWFUL Enemy Combatants in the beginning. Ill post below. They BOTH include US citizens. And to make matters worse IMO, the exclude lawful or unlawful throughout and just use Enemy Combatant.
[font=devinne][size=4]‘‘(1) UNLAWFUL ENEMY COMBATANT.—(A) The
6 term ‘unlawful enemy combatant#%92 means—
7 ‘‘(i) a person who has engaged in hos8
tilities or who has purposefully and materially
9 supported hostilities against the United States
10 or its co-belligerents who is not a lawful enemy
11 combatant (including a person who is part of
12 the Taliban, al Qaeda, or associated forces); or
13 ‘‘(ii) a person who, before, on, or after the
14 date of the enactment of the Military Commis15
sions Act of 2006, has been determined to be
16 an unlawful enemy combatant by a Combatant
17 Status Review Tribunal or another competent
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1 tribunal established under the authority of the
2 President or the Secretary of Defense.
3 ‘‘(B) CO-BELLIGERENT.—In this paragraph,
4 the term ‘co-belligerent#%92, with respect to the United
5 States, means any State or armed force joining and
6 directly engaged with the United States in hostilities
7 or directly supporting hostilities against a common
8 enemy.
9 ‘‘(2) LAWFUL ENEMY COMBATANT.—The term
10 ‘lawful enemy combatant#%92 means a person who is—
11 ‘‘(A) a member of the regular forces of a
12 State party engaged in hostilities against the
13 United States;
14 ‘‘(B) a member of a militia, volunteer
15 corps, or organized resistance movement belong16
ing to a State party engaged in such hostilities,
17 which are under responsible command, wear a
18 fixed distinctive sign recognizable at a distance,
19 carry their arms openly, and abide by the law
20 of war; or
21 ‘‘(C) a member of a regular armed force
The flyer talked about the vagueness and it is very much so. It includes citizens and aliens both.
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