Senate passes bill on terror detainee trials

[cal04]

Bush backs legislation, had gone to Congress to lobby for it
The Senate, siding with President Bush shortly after he personally lobbied lawmakers at the Capitol, on Thursday passed a bill setting rules for interrogations and prosecutions of foreign terrorism suspects.

The bill now goes to the president for his signature. Republicans say the bill is necessary to ensure that terrorists can be brought to justice and that CIA personnel will not be charged with war crimes when interrogating these suspects.

Bush had gone to Capitol Hill earlier Thursday, urging senators to follow the House lead and approve the plan. "The American people need to know we're working together to win the war on terror," he told reporters as he left.

Democrats have said the legislation would give the president too much latitude when deciding whether aggressive interrogations cross the line and violate international standards of prisoner treatment.

http://www.msnbc.msn.com/id/15044215/

[rumpel]

1. correction: not "foreign" it defines it as "people" n/t

demand correction

[KyndCulture]

3. yep yep that's wrong.

[KyndCulture]

2. I hope they all burn for this....

Today is 9/28/84

[Straight Shooter]

4. I bet the CIA suddenly has a flood of new people apply for jobs.

Join the CIA, learn to torture. Be cruel, be inhuman, and be rewarded for it by the GOP!

[DireStrike]

5. That line is not in the article

The Senate, siding with President Bush shortly after he personally lobbied lawmakers at the Capitol, on Thursday passed a bill setting rules for interrogations and prosecutions of foreign terrorism suspects.

Been removed, if it was there to begin with. Seems to have been replaced with a mor accurate lede.

[Jeanette in FL]

6. My flag will hang upside down like my avatar

Why is the US Flag diplayed Upside Down?



The upside down U.S. flag is an official signal of distress. It is not meant to be, and is not officially recognized as any type of disrespect when so displayed for the right reasons. To the contrary, here is the relevant part of the US Code of Laws regarding how to fly the flag when in distress:

THE FLAG CODE
Title 36, U.S.C., Chapter 10
As amended by P.L. 344, 94th Congress
Approved July 7, 1976

§ 176. Respect for flag: No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
Most individuals who have served in the military service of our nation will (or should) recognize this signal.
As a result of the many traitors and enemies we as a free people have, both foreign and domestic, as a result of the many unconstitutional acts, legislation and atrocities passed and/or committed against US citizens and their life, liberty and property, and as a result of policies that have allowed (and continue to allow) enemies of this nation to enter in large numbers through a porous border policy, I believe the life, liberty and property of US Citizens are in dire danger and distress.

[scarletwoman]

7. It's OVER? It's DONE? The torture bill has PASSED?

We are a sick fucking country. I have never been so ashamed of being a U.S. citizen in my entire life. Words fail me...

sw

[Hav]

8. .

It passed without any problem in the end it seems.
Sadly, 12 Dems voted for it.

[Thirtieschild]

9. Who were the 12 who voted for it??????????

[Hav]

10. .

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2535102

Carper (Del.)
Johnson (S.D.)
Landrieu (La.)
Lautenberg (N.J.)
Lieberman (Conn.)
Menendez (N.J)
Pryor (Ark.)
Rockefeller (W. Va.)
Salazar (Co.)
Stabenow (Mich.)
Nelson (Fla.)
Nelson (Neb.)


The funny thing is that all of them except Nelson (NE) voted for the Amendments so they knew that there was something wrong about it. I thought people were wrong when they predicted that Lieberman or Landrieu would vote for the bill and then I saw the shocking final score...

[rumpel]

11. On the question of who applies

Please correct me if I am reading this wrong.

First the president decides who is subject to this commission:

SEC. 3. AUTHORIZATION FOR MILITARY COMMISSIONS.

(a) In General- The President is authorized to establish military commissions for the trial of alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses specifically made triable by military commission as provided in chapter 47 of title 10, United States Code, and chapter 47A of title 10, United States Code (as enacted by this Act).

`Sec. 948d. Jurisdiction of military commissions

`(a) Jurisdiction- A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter, sections 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice)
, or the law of war
when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001.

which means to me there are 2 catgeories of people: a) alien and b) any person

Lawful enemy combatants are not covered by this chapter but by Court Martial

`(c) Punishments- A miliary commission under this chapter may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when authorized under this chapter, chapter 47 of this title, or the law of war.

So the President, is the prosecutor and the judge for sentencing

Sec. 948a. Definitions

`(4) UNLAWFUL ENEMY COMBATANT- The term `unlawful enemy combatant' means an individual engaged in hostilities against the United States who is not a lawful enemy combatant.

now to me the following is deceptive:

`Sec. 948c. Persons subject to military commissions

`Any alien unlawful enemy combatant engaged in hostilities or having supported hostilities against the United States is subject to trial by military commission as set forth in this chapter.

because it explicitly includes the following in Sec. 948d above, which is below

TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER X > § 904

§ 904. Art. 104. Aiding the enemy
Any person who—
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.

§ 906. Art. 106. Spies
Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death.

http://www.law.cornell.edu/uscode/html/uscode10/usc_sup_01_10_10_A_20_II_30_47_40_X.html

`Sec. 948b. Military commissions generally
`(f) Geneva Conventions Not Establishing Source of Rights- No alien enemy unlawful combatant subject to trial by military commission under this chapter may invoke the Geneva Conventions as a source of rights at his trial by military commission.

Now to the sub-chapter

It adds:

`Sec. 950cc. Principals

`Any person is punishable as a principle under this chapter who--
`(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission;
`(2) causes an act to be done which if directly performed by him would be punishable by this chapter; or
`(3) is a superior commander who, with regard to acts punishable under this chapter, knew, had reason to know, or should have known, that a subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

`Sec. 950dd. Accessory after the fact

`Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a military commission under this chapter may direct.

Now there are also changes of language and definitions indicated in the the general Millitary Code as
SEC. 5. AMENDMENTS TO OTHER LAWS.