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Detainee Bill Shifts Power to President
NY Times ^ | 9/29/2006 | SCOTT SHANE and ADAM LIPTAK

Posted on 09/30/2006 5:11:34 AM PDT by Ready4Freddy

WASHINGTON

With the final passage through Congress of the detainee treatment bill, President Bush on Friday achieved a signal victory, shoring up with legislation his determined conduct of the campaign against terrorism in the face of challenges from critics and the courts.

Rather than reining in the formidable presidential powers Mr. Bush and Vice President Dick Cheney have asserted since Sept. 11, 2001, the law gives some of those powers a solid statutory foundation. In effect it allows the president to identify enemies, imprison them indefinitely and interrogate them — albeit with a ban on the harshest treatment — beyond the reach of the full court reviews traditionally afforded criminal defendants and ordinary prisoners.

Taken as a whole, the law will give the president more power over terrorism suspects than he had before the Supreme Court decision this summer in Hamdan v. Rumsfeld that undercut more than four years of White House policy. It does, however, grant detainees brought before military commissions limited protections initially opposed by the White House. The bill, which cleared a final procedural hurdle in the House on Friday and is likely to be signed into law next week by Mr. Bush, does not just allow the president to determine the meaning and application of the Geneva Conventions; it also strips the courts of jurisdiction to hear challenges to his interpretation.

And it broadens the definition of “unlawful enemy combatant” to include not only those who fight the United States but also those who have “purposefully and materially supported hostilities against the United States.” The latter group could include those accused of providing financial or other indirect support to terrorists, human rights groups say. The designation can be made by any “competent tribunal” created by the president or secretary of defense.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: detainee; gitmo; nytreasontimes
Only if SCOTUS decides to adhere to the Article III, § 2 limitation. They failed to do so in Hamdan...

..it also strips the courts of jurisdiction to hear challenges to his interpretation.

1 posted on 09/30/2006 5:11:35 AM PDT by Ready4Freddy
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To: Ready4Freddy
Note to NY Slimes and other hysteric Democrat Activists.

These are not US Citizens. YOU people are trying to expand the rights of Citizenship to these thugs. Congress simply took a wholly appropriate action to fix a gross mistake made by 5 hysteric Leftist SC Justices. This does not SHIFT anything. IT preserver proper Constitutionality to our system which was grossly abused by the SC Hamndi decision.
2 posted on 09/30/2006 5:15:56 AM PDT by MNJohnnie (Say Leftists. How many Nazis did killing Nazis in WW2 create? or Samurai? or Fascists?)
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To: Ready4Freddy
And it broadens the definition of “unlawful enemy combatant” to include not only those who fight the United States but also those who have “purposefully and materially supported hostilities against the United States.”

Can they be sweating?

3 posted on 09/30/2006 5:19:32 AM PDT by Graymatter
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To: Ready4Freddy

so what...this is what SCOTUS intended to have done...have congress pass a law...even with the lib/dems on the court this bill will hold under court scrutiny!

the lib/dems would prefer that the US just give these terrorists the same rights that they give criminal perps...screw the victims and screw american citizens and US troops... according to lib/dems we have to insure that the people that want to kill us/maim us with suicide bombs/blow up our buildings/cut off heads have every right under the constitution!

it really stops to make one wonder what side lib/dems are on?


4 posted on 09/30/2006 5:27:49 AM PDT by hnj_00
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To: Ready4Freddy

It reaffirms Presidential Power... not shifting it to him! Sheesh!

LLS


5 posted on 09/30/2006 5:28:45 AM PDT by LibLieSlayer (Preserve America... kill terrorists... destroy dims!)
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To: Graymatter
Article: “unlawful enemy combatant” to include not only those who fight the United States but also those who have “purposefully and materially supported hostilities against the United States.”

Graymatter: Can they be sweating?

Nice observation.

6 posted on 09/30/2006 5:38:36 AM PDT by syriacus (Don't elect a president whose wife wants to run for the presidency. His 1st loyalty will be to HER.)
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To: Ready4Freddy
Question for the NYTimes:
How many German, Japanese, or Italian prisoners received American court trails during WWII?
7 posted on 09/30/2006 5:39:03 AM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: LibLieSlayer
It reaffirms Presidential Power... not shifting it to him!

Good point.

8 posted on 09/30/2006 5:39:38 AM PDT by syriacus (Don't elect a president whose wife wants to run for the presidency. His 1st loyalty will be to HER.)
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To: Ready4Freddy

Didn't the NYT try to spin this as McCain's victory? Changed their mind? LOL

This was one of the pieces of legislation I'm happy about this week.


9 posted on 09/30/2006 5:40:20 AM PDT by Soul Seeker (Kobach: Amnesty is going from an illegal to a legal position, without imposing the original penalty.)
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To: Ready4Freddy

The NYT and the Dems would prefer that these terrorists be sent to undisclosed prisons in Eastern Europe or the Middle East to be tortured or that they be summarily executed on the battlefield?


10 posted on 09/30/2006 6:05:13 AM PDT by Dave S
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To: Ready4Freddy

"Rather than reining in the formidable presidential powers Mr. Bush and Vice President Dick Cheney have asserted since Sept. 11, 2001,"

It just pains the Slimes that this bill was passed!


11 posted on 09/30/2006 6:15:21 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Ready4Freddy

"I vigorously dissent." - Justice Scalia on Hamden. The G.Cs apply to soldiers. Now, one mans Terrorist may be another mans Freedom Fighter but call him what you will a soldier he is not.


12 posted on 09/30/2006 6:21:39 AM PDT by Phlap (REDNECK@LIBARTS.EDU)
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To: Ready4Freddy

"...human rights groups say.." How about America's right to remain secure? These leftist pukes really think that terrorism is not dangerous - fine, just move to Iran and tell the Islamists you are peaceloving, see how long you last.


13 posted on 09/30/2006 6:26:39 AM PDT by Rockiette (Democrats are not intelligent!)
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To: MNJohnnie
This is a good law and, President Bush as ardent as he is on the WOT needed this to help protect America.
The thing that worries me is if Hilderbeast gets elected president in 08 she will set these fanatics loose to kill more innocents.
Our only hope is President Bush will kill as many as humanly possible before his term is up.

The GOP just keeps adding fodder for the Dems. such as Foley's act yesterday. Foley should have did as Barney Frank
did when he was caught running a gay whore house, fight back.
Ever-one thought at the time Frank was out but as we know this didn't happen. The GOP as usual gave him a pass.
14 posted on 09/30/2006 6:36:54 AM PDT by buck61
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To: buck61

Giving President Bush the authoity to kill them is pretty much what this was all about. Now the Military Courts can go forward.


15 posted on 09/30/2006 7:31:56 AM PDT by MNJohnnie (Say Leftists. How many Nazis did killing Nazis in WW2 create? or Samurai? or Fascists?)
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To: Ready4Freddy
Rather than reining in the formidable presidential powers Mr. Bush and Vice President Dick Cheney have asserted since Sept. 11, 2001, the law gives some of those powers a solid statutory foundation. In effect it allows the president to identify enemies, imprison them indefinitely and interrogate them — albeit with a ban on the harshest treatment — beyond the reach of the full court reviews traditionally afforded criminal defendants and ordinary prisoners.

Art. II Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

As far as identifying enemies, Congress did that, as is their power, twice.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

107th CONGRESS 2d Session
H. J. RES. 114
October 10, 2002
JOINT RESOLUTION
To authorize the use of United States Armed Forces against Iraq.
...
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to-- (1) defend the national security of the United States against the continuing threat posed by Iraq;

16 posted on 09/30/2006 9:30:56 PM PDT by El Gato
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