Halfway Measures on Bush's Tribunals
Neither Congress nor the major U.S. news media seems to understand that some little-noticed features near the end of the law could put U.S. citizens before the tribunals which abrogate other rights guaranteed by the Constitution. By Robert Parry
September 18, 2007
In a memorable scene from Michael Moore’s “Fahrenheit 9/11,” Rep. John Conyers explains how it was that Congress passed the USA Patriot Act without knowing many of its provisions. “Sit down, my son,” the courtly Michigan Democrat said. “We don’t read most of the bills.”............
The lead New York Times editorial on Sept. 17 praised this effort to “reverse one of the worst aspects of the 2006 law” that “established military tribunals to try any foreigner that Mr. Bush labels an illegal combatant.”
But the Times editors – like many members of Congress – don’t appear to have read the law through to the end.If they had, they would know that the
Military Commissions Act creates a parallel legal system not limited to foreigners. The law could put “any person,” including those “in breach of an allegiance or duty to the United States” before a military tribunal if the person “knowingly and intentionally aids an enemy of the United States.”Who has “an allegiance or duty to the United States” if not an American citizen? That provision would not presumably apply to Osama bin Laden or al-Qaeda, nor would it apply generally to foreigners.
This section of the law appears to be singling out American citizens who are deemed (by the Bush administration) enemy fellow travelers. It seeks to put them inside Bush’s “star chamber” proceedings if they are alleged to aid and abet foreign enemies.
“Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission,” according to the law, passed by the Republican-controlled Congress in September 2006 and signed by Bush on Oct. 17, 2006.
more at:
http://www.consortiumnews.com/2007/091707.html