Somebody please explain to me if U.S. CITIZENS can be detained w/no habeus corpus under the MCA

[The Cleaner]

I previously thought U.S. citizens could be deemed enemy combants, scooped up by Homeland Security, then provided no habeus corpus rights care of the Military Commissions Act (MCA).

But Wikipedia says otherwise:

On 29 September 2006, the House and Senate approved the Military Commissions Act of 2006 (MCA), a bill that would suspend habeas corpus for any alien determined to be an “unlawful enemy combatant engaged in hostilities or having supported hostilities against the United States”<2><3> by a vote of 65-34. (This was the result on the bill to approve the military trials for detainees; an amendment to remove the suspension of habeas corpus failed 48-51.<4>) President Bush signed the Military Commissions Act of 2006 into law on October 17, 2006.

Source: http://en.wikipedia.org/wiki/Habeas_corpus

So question #1: Does Bush still have the authority to call an American citizen an "enemy combatant"?
And #2: Does habeus corpus still apply to American citizens, or has it been abolished for foreigners only?

[Bluerthanblue]

1. Jose Padilla is not an "alien"- though

I doubt he could tell you that now that we've gotten through with him-

I think wicki is wrong on this-

We are all vulnerable.

great democracy eh?

[Junkdrawer]

2. Leahy has said that, as passed, EVERYBODY is vulnerable...

In this arena, I trust Leahy.

[adigal]

3. It is abolished for all enemy combatants and guess who decides

who is an enemy combatant??? Bingo!!! GWB!!!!

[Drum]

4. See also: John Walker Lindh, one of the original test-cases for BushCo.

http://en.wikipedia.org/wiki/John_Walker_Lindh

Yes, Lindh's case is way out on one side of the issue, but I seem to recall that even a few years ago his status as American didn't help him out in the least.

And under the MCA, I don't think citizenship matters...whoever you are, worldwide, it sounds as if you can be picked up and held/tortured/imprisoned just on W's say-so, and no one has the right to address the evidence against them.

[Bucky]

5. As everyone know, terrorists aren't citizens. They're evil. And Bush will do what he's gotta do.

He's sworn to protect this country, see. And that's hard work.

[Norquist Nemesis]

6. Not sure, but I think court ruled one can be stripped of citizenship

thus paving the way to be under the terms of "alien" enemy combatant. Could be wrong on that.

[Crabby Appleton]

7. Aliens only S.3930 Section 7

Aliens only - below is Section 7 of

SEC. 7. HABEAS CORPUS MATTERS.
(a) IN GENERAL.—Section 2241 of title 28, United States Code,
is amended by striking both the subsection (e) added by section
S. 3930—37
1005(e)(1) of Public Law 109–148 (119 Stat. 2742) and the subsection
(e) added by added by section 1405(e)(1) of Public Law
109–163 (119 Stat. 3477) and inserting the following new subsection
(e):
‘‘(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 detained by the United States who
has been determined by the United States to have been properly
detained as an enemy combatant or is awaiting such determination.
‘‘(2) Except as provided in paragraphs (2) and (3) of section
1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801
note), no court, justice, or judge shall have jurisdiction to hear
or consider any other action against the United States or its agents
relating to any aspect of the detention, transfer, treatment, trial,
or conditions of confinement of an alien who is or was detained
by the United States and has been determined by the United
States to have been properly detained as an enemy combatant
or is awaiting such determination.’’.
(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.

page 37 at the following link for the MCA:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:s3930enr.txt.pdf

[ChairmanAgnostic]

8. A simple question.

Even if MCA did not shatter, shread, render useless, tear, fold mutlilate, cut, spindle, crush, demolish, erode, corrode, bathe in acid, incinerate, exterminate, erase, smash, evicerate, or eliminate our constitutional rights,

DO YOU THINK FOR ONE SHAKE OF A LAMB'S TAIL THAT THAT WOULD STOP THE BUSH ADMINISTRATION EVEN FOR A MOMENT?

sorry about shouting. Had a minor run in with a TSA asshole and it still burns my ass that our country is slowly turning into a armed concentration camp.

[EC]

9. * determines who is an enemy combatant... n/t