[Osx-nutters] Olbermann is mad about Military Commissions Act

[Chuck Bennett]

On Oct 19, 2006, at 1:07 PM, Kevin Callahan wrote:

>
> On Oct 19, 2006, at 6:31 AM, Chuck Bennett wrote:
>
>>
>> On Oct 19, 2006, at 6:50 AM, Google Kreme wrote:
>>
>>>
>>> On 18 Oct 2006, at 21:23 , Kevin Callahan wrote:
>>>
>>>> <http://movies.crooksandliars.com/OlbermannSpecialComment- 
>>>> RIPHabeus.mov>
>>>
>>> Everyone in the country should be really fucking mad.
>>
>>
>>
>> Perhaps I'm missing something here, but I actually read the Act  
>> and this is all I can find about Habeas Corpus.
>>
>> In ALL cases it is about alien enemy combatants, so even if  
>> BuchMcHitler declared a citizen to be an enemy combatant, this act  
>> would NOT apply.
>> All of Olbermann's ranting is about abuses of the system against  
>> Americans.
>>
>> Olbermann seems way off base here, to me anyway.
>
> here's what Jonathan Turley, Constitutional Law professor  
> (Georgetown),  has to say about it:
> ( i think I sent a bad link the other day - try this one)
>
> <http://www.kevincallahan.org/movies/KeithOlbermann_JonathanTurley- 
> habcorp.mov>
>


But what Turley ignores is this.

Let's say that Bush declares that Olbermann is an enemy combatant and  
grabs him up.

The military commission simply cannot take the case because, by the  
very law that Turley disagrees with,  they have no standing.

Let me quote the Jurisdiction part of the document.

‘‘§ 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.


The word ALIEN is very important here.  Unless Olbermann snuck in  
from Canada
he would end up in a civilian court.

Ԥ Section 948a

‘‘(3) ALIEN.—The term ‘alien’ means a person who is not
a citizen of the United States.

By exclusion a NON alien enemy combatant (citizen ) goes to the  
normal court system.

IIRC the Supreme Court already decided this for Padilla or someone  
like that..

=c=