Clarification/Follow-up by tomder55 on 08/21/06 12:31 pm:
MICRO
what your cut and paste refers to is PROPOSED Legislation ( a draft) that was submitted after the SCOTUS Hamdi decision. It has not been acted on except for I believe a hearing or 2 in the Senate Judiciary Commitee.
Look at it this way: according to the laws of warfare a combatant out-of-uniform is subject to summary execution. The President is attempting to develop a more humane response.You fail to give due consideration to the problem at hand. That is, to forge an effective method of administering justice to extremely dangerous people, de facto enemy soldiers. Civil courts (I assume that would be your solution) are not suited to the job.
Clarification/Follow-up by ETWolverine on 08/21/06 4:04 pm:
Yes, they probably are going to have tribunals there.
If you look back to the Court's decision regarding tribunals, you will find that the Court said that tribunals AS THEY WERE BEING CONSTITUTED BY THE ADMINISTRATION WITHOUT CONGRESSIONAL AUTHORITY are illegal. It did not say that ALL tribunals are illegal. And in fact, Justice Breyer, in his decision specifically recommended and invited that Bush find a way to constitute military tribunals that were with congressional authority. I suspect that Congress WILL give such authority at some point, and at that time there will indeed be tribunals to try the POWs.
But what does that have to do with execution chambers?
Elliot
Clarification/Follow-up by tomder55 on 08/21/06 4:50 pm:
I suspect that Congress WILL give such authority at some point, and at that time there will indeed be tribunals
that is the way it is headed . Arlan (magic bullet ) Specter is just trying to flex some muscle before he ultimately comes up with legislation to pass on to the full Senate .