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Thinks it has vast expansion of powers of detention of American citizens in bill.
No 5th and 6th amendment protections.
here is jist of speech
Debate was valuable re 5th and 6th, philosophy and law.
Bill of Rights, protection against abuse of power.
Some say only clarifies what is already in law, others argued opposite, that detention
provisions in bill violate due process and speedy trial jury and confront witnesses against him or her
We all grow up believing in due process and govt cannot take life, liberty or property without due process of law
We all are due a speedy PULBIC trial by impartial jury of state. Accused able to confront witness against him and
assistance of counsel. All above relevant.
Section 1031 subtitle D
Affirmation of authority of armed forces to detain covered persons
referred to as enemy combatants
Historical exemption to 5 and 6 is is person fighting with enemy against US then do not have same
rights in time of war (WW2)
Treated as member of opposing army, historically extremely narrow exemption.
Should be substantial hurdles for state to claim you are an enemy combatant.
This bill has definition more lenient.
ie "a part of". ie if you gave a charity money unknowing that it might be used for taliban you would be in trouble
under this
human right defenders against say.. Saudi's which are a coalition partner might also be in trouble
What happens when govt suspects you say something
Case Brandon Mayfield born in Kansas, law degree in Topeka, army veteran, lives in Topeka and is a Muslim convert
FBI raided him believing he was terror mastermind behind bombings Madrid. Based on partial fingerprint match.
Under this framework the govt can label him enemy combatant and takes away his rights. Assigned attorney by executive branch. No right to speedy trial or public trial, ie no protections from state. Strips defendant of any power.Person could be locked away forever with no means of appeal under this bill.
Tonight we have stripped away the protections.
He hopes this continues to receive substantial attention and should have been hearings and not done so lightly and placed at last minute into defense bill.
Another feature of bill is creates presumption of certain types of crimes tried in military tribunals instead of criminal courts. 300 people have been tried civilian courts and found guilty and only 6? in military courts.
Law creates presumption will be tried in military court because they are better at it but evidence above says otherwise
Summary all we hold dear in constitution about our fair rights as citizens has been trampled tonight. Hope the supremes find a case so it can be thrown out.
No Prez should be able to say, you Joe American I am calling you an enemy combatant, I assign your attorney, I decide if secret or not, and if I decide you are guilty I am locking you up forever and you have no recourse.
Brandon Mayfield may have been in this situation but Spain said we have wrong guy and found the correct match and set him free but under new bill may never have seen light of day outside prison.
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