Read it here. Some of the juicier bits:
By writing into law for the first time the definition of an “unlawful enemy combatant,” the bill empowers the executive branch to detain indefinitely anyone it determines to have “purposefully and materially” supported anti-U.S. hostilities. Only foreign nationals among those detainees can be tried by the military commissions, as they are known, and sentenced to decades in jail or put to death.
At the same time, the bill immunizes U.S. officials from prosecution for cruel, inhumane or degrading treatment of detainees who the military and the CIA captured before the end of last year. It gives the president a dominant but not exclusive role in setting the rules for future interrogations of terrorism suspects.
For more than 57 months after the 2001 terrorist attacks on the World Trade Center and the Pentagon, Bush maintained that he did not need congressional authorization of such tools. But the Supreme Court decided otherwise in June, declaring the administration’s detainee treatment and trial procedures illegal, and ruling that Bush must first seek Congress’s approval.
Now Bush has received much of the authority he desired from party loyalists and a handful of Democrats on Capitol Hill. “The American people need to know we’re working together,” Bush told senators before yesterday’s vote.
Anticipating court challenges, the administration attempted to make the bill bulletproof by including provisions that would sharply restrict judicial review and limit the application of international treaties — signed by Washington — that govern the rights of wartime detainees.
The bill also contains blunt assertions that it complies with U.S. treaty obligations.
University of Texas constitutional law professor Sanford V. Levinson described the bill in an Internet posting as the mark of a “banana republic.” Yale Law School Dean Harold Koh said that “the image of Congress rushing to strip jurisdiction from the courts in response to a politically created emergency is really quite shocking, and it’s not clear that most of the members understand what they’ve done.”
I’ve got my blood up today. I feel a bit like a pissed off Roy Keane looking to tackle Alf-Inge Haaland.
No related stories.