Military Commissions Act of 2006
"(a) IN GENERAL.?Section 2241 of title 28, United States Code, is amended by striking both the subsection (e) added by section
VerDate 14-DEC-2004 16:39 Nov 07, 2006 Jkt 059139 PO 00366 Frm 00038 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL366.109 APPS24 PsN: PUBL366
120 STAT. 2636 PUBLIC LAW 109?366?OCT. 17, 2006
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.??.
28 USC 2441 (b) EFFECTIVE DATE.?The amendment made by subsection (a)
note. 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."
Notice the phrase "enemy combatant."
" (5) the term `domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by intimidation or coercion; or
`(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction of the United States.'."
Pay particular attention to 5.B.i as many activities could be construed as an attempt to "coerce a civilian population" such as perhaps attempting to organize a civil protest against specific government policies or actions.
So, the point that it's not the Patriot Act alone which suspends Habeas Corpus is valid, it is my contention that it directly ties in with other laws, mandates and orders to accomplish said suspension. While the MCA of 2006 referenced above states "alien" to imply a non-US citizen, I believe there is an act somewhere that rolls an enemy combatant into this category. I will do a little more searching to see what I can provide. I really didn't intend to enter into a debate about the Patriot Act, but I guess my comments got me there any way and I was ill prepared to respond on that issue. I am currently doing my "due diligence" to provide supporting documentation. The warrant provisions were included in my above post as an arrest warrant is covered by this section and if you delay the issuance of said warrant then you can effectively arrest someone and suspend their right to Habeas Corpus under the guise of not having to present the warrant to be challenged under said delay provisions. Reading through all these laws is having the intended effect on me as it's like reading gibberish with the numerous references to many other articles, laws and provisions within them.
Before you write me off completely, give me a little time to "finish my homework." Fair enough?
Here is a link to the Joint Doctrine for Detainee Operations.
Here is a link to someone who highlights the portions relevant to the argument I'm trying to make about "enemy combatants."
Now, if you fall under the category of "enemy combatant," don't you in effect lose your status as a citizen and therefore the "alien" clause becomes applicable?