Please read this carefully...
`(a) Jurisdiction- A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001.
`(b) Lawful Enemy Combatants- Military commissions under this chapter shall not have jurisdiction over lawful enemy combatants. Lawful enemy combatants who violate the law of war are subject to chapter 47 of this title. Courts-martial established under that chapter shall have jurisdiction to try a lawful enemy combatant for any offense made punishable under this chapter.
`(c) Determination of Unlawful Enemy Combatant Status Dispositive- A finding, whether before, on, or after the date of the enactment of the Military Commissions Act of 2006, by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense that a person is an unlawful enemy combatant is dispositive for purposes of jurisdiction for trial by military commission under this chapter.
This bill says that the President can call you an enemy combatant. That's the rule. As such, you can be tried in a military tribunal, under unconstitutional rules, insted of in the Constitutionally established justice system.
I don't see how this can pass any judicial review test, but I'm not sure it will ever be tested, since the people it will apply to don't get to use the usual justice system. Nice.
Keep saying 'oh, they'll never abuse that power'. That will serve you well. Every day, we become more like our enemies.
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