Too vague
While reading the Military Commission Act of 2006 it seem to me that it wasn’t a well drafted law, many paragraphs and definitions are too vague. It accurse to me that the vague language isn’t a mistake nor is a sloppy drafting, it was done purposely - and it is even more scary.
One of the most disturbing examples I found laying in the definitions of crimes triable by military commission, specifically in paragraph 950v(25):
WRONGFULLY AIDING THE ENEMY.—
Any person who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States or one its co-belligerents shall be guilty of the offense of wrong fully aiding the enemy and shall be subject to whatever punishment the commission may direct.
The vagueness of this paragraphs is so obvious that no law maker possibly noticed it, but they left it as is. And the vagueness of the definition of who is falling under the category of one that doesn’t enjoy the right of habeas corpus is simply too dangerous. Even if we agree that for the duration of the war the right of habeas corpus can be suspended, and I do not agree, it should have been extremely limited and very well define. However the way that this law drafted opening the gate for further abuse of personal freedom and further braking of the checks and balances that secured these liberties. Judging from past comments of the administration about people that didn’t agree with its policy about fighting terrorism as aiding the enemy, including similar statements after Liberman lost the CT primaries, many of us falling under category 950v(25).
Technorati Tags: human_rights - habeas corpus - liberal_democracy - congressional_hearing - libertarianism - liberties - the Military Commissions Act of 2006
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Rogel @ October 2, 2006
The texture is open affords carte blanche to the commission.
Here is what McCain thinks
David
Thanks for the link David, I only edited your comment cosmetically.
I don’t know what David linked to but Rogel, McCain and someone else (name escapes me) wrote an oped piece defending the Act in WSJ I believe yesterday or the day before, I know you read so look for it. And I agree with you, when you write up a legal document, every little inane thing is spelled out to a T. The absence thereof does not mean you have bad lawyers (in this case, not even close), but you do so for a reason. I am very disappointed that McCain gave into this and calls it a compromise which he alludes to is something by its very nature that will not make people happy. That is missing the point. This is not an area where you make compromises. It effects not only peoples lives, but again, extends the power and control of the government.
Ingrid
Ingrid,
David link was to McCain’s speech supporting the Bill. I never though that McCain was better than Bush in this respect, both of them are social conservatives that believe in big government. This is simply the results of being in power for too long, and its time for them to go home.
Rogel, for some reason (and it’s probably silly I should have thought so) I thought that, considering McCains’ experience with torture and being imprisoned by ‘the enemy’, he should have known better. You’re right, too long in power and too comfortable in those chairs..
Ingrid
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[...] The Pentagon set rules Thursday for detainee trials that could allow terror suspects to be convicted and perhaps executed using hearsay testimony and coerced statements, setting up a new clash between President Bush and Congress. [...]
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[...] ×’× ×× × ×¦×œ×™×— ×œ×“×›× ×ת ××™×¨×’×•× ×™ הטרור, במחיר של ×¢×™× ×•×™×™× ×•×ž××¡×¨×™× ×œ×œ× ×ž×©×¤×˜ והגדלת כוחה של ×”×ž×“×™× ×” להגביל ×ת ×—×™×¨×•×ª× ×•Â ×™×”×™×” ×–×” [...]
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