“In a notice dated Wednesday, the Justice Department listed 196 pending habeas cases, some of which cover groups of detainees. The new Military Commissions Act (MCA), it said, provides that ‘no court, justice, or judge’ can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future.” – Washington Post
So, once you’re designated an “enemy combatant” you have no right to challenge that in court. Peachy.
And just how do you get to be designated an enemy combatant? However and whenever the President or
Himmler Secretary of Defense feel like it.
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. – Military Commissions Act of 2006
Here’s the key question. If you (and I mean you) are accused of being an unlawful enemy combatant, stripped of whatever you’re carrying (like your wallet and ID), and you don’t have habeas corpus rights to challenge it in court, how do you prove you’re a citizen…?
[ via a co-conspirator ]