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`(B) PROTECTION OF SOURCES, METHODS, OR ACTIVITIES- The military judge, upon motion of trial counsel, shall permit trial counsel to introduce otherwise admissible evidence before the military commission, while protecting from disclosure the sources, methods, or activities by which the United States acquired the evidence if the military judge finds that (i) the sources, methods, or activities by which the United States acquired the evidence are classified, and (ii) the evidence is reliable. The military judge may require trial counsel to present to the military commission and the defense, to the extent practicable and consistent with national security, an unclassified summary of the sources, methods, or activities by which the United States acquired the evidence.
`Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a military commission under this chapter or inflicted under this chapter upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited under this chapter.
Exclusion of Statements Obtained by Torture- A statement obtained by use of torture shall not be admissible in a military commission under this chapter, except against a person accused of torture as evidence that the statement was made.
The accused shall be permitted to present evidence in his defense, to cross-examine the witnesses who testify against him, and to examine and respond to evidence admitted against him on the issue of guilt or innocence and for sentencing, as provided for by this chapter.
(2) No person may attempt to coerce or, by any unauthorized means, influence--
`(A) the action of a military commission under this chapter, or any member thereof, in reaching the findings or sentence in any case;
`(B) the action of any convening, approving, or reviewing authority with respect to his judicial acts; or
`(C) the exercise of professional judgment by trial counsel or defense counsel.
(a) Counsel and Investigations- Section 1004(b) of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1(b)) is amended--
(1) by striking `may provide' and inserting `shall provide';
(2) by inserting `or investigation' after `criminal prosecution'; and
(3) by inserting `whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies,' after `described in that subsection'.
(b) Protection of Personnel- Section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1) shall apply with respect to any criminal prosecution that--
(1) relates to the detention and interrogation of aliens described in such section;
(2) is grounded in section 2441(c)(3) of title 18, United States Code; and
(3) relates to actions occurring between September 11, 2001, and December 30, 2005.thomas.loc.gov...:2:./temp/~c109MrOd80:e118225:
Originally posted by TONE23
I agree semper...
And with that I will do an about face(not the first time)
I have read both versions of that bill in its entirety and I cannot find it anywhere unless I missed it(and I dont think I did)... damn you Alex Jones...
I do not like looking like a fool... but I opened my mouth and inserted my own foot... so noone to blame really but myself for being so gullable..I am glad I did read that bill though thats for sure.. as I dont mind making mistakes nor do I mind admitting them.
And this time I did jump the gun a bit.... But after my initial reaction I took the time to sit and actually read the Bill(both versions)
Originally posted by TONE23
What is the difference between the two?
I am getting confused as to why there are three differnt versions.. two House and one Senate version...
Can you help me make sense of this Xeros?
and thanks for posting the Senate version too...
SEC. 7. HABEAS CORPUS MATTERS.
(a) In General- Section 2241 of title 28, United States Code, is amended by striking both the subsection (e) added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742) and the subsection (e) added by added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477) and inserting the following new subsection (e):
`(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.
`(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.
source: S. 3930
‘‘§ 948b. Military commissions generally
‘‘(a) PURPOSE.—This chapter establishes procedures governing
the use of military commissions to try alien unlawful enemy combatants
engaged in hostilities against the United States for violations
of the law of war and other offenses triable by military commission.
‘‘§ 948c. Persons subject to military commissions
‘‘Any alien unlawful enemy combatant is subject to trial by
military commission under this chapter.
‘‘§ 948d. Jurisdiction of military commissions
‘‘(a) JURISDICTION.—A military commission under this chapter
shall have jurisdiction to try any offense made punishable by this
chapter or the law of war when committed by an alien unlawful
enemy combatant before, on, or after September 11, 2001.