which court will hear these appeals? is it the circuit court in Florida?
never mind, I see its teh DC circuit.
is Janice Rogers Brown on that court?
It's named in the amendment, IIRC, but I didn't pay that close of attention while Lindsey was talking.
One shot through the system - so I assume District Court with rights of appeal all the way to SCOTUS. Object of interaction with Article III system is to confirm status of detainee as "enemy combatant." Once through, those folks are cemented into the military tribunal system in place at Gitmo.
United States Court of Appeals for the District of Columbia Circuit - the case goes directly from military tribunal to Court of Appeals, with no stop at the District Court Level.
SA 2524. Mr. GRAHAM (for himself, Mr. LEVIN, and Mr. KYL) proposed an amendment to amendment SA 2515 proposed by Mr. GRAHAM (for himself, Mr. KYL, Mr. CHAMBLISS, and Mr. CORNYN) to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; as follows: ...SEC. __. REVIEW OF STATUS OF DETAINEES.
(a) Submittal of Procedures for Status Review of Detainees at Guantanamo Bay, Cuba.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, and to the Committees on the Judiciary of the Senate and the House of Representatives, a report setting forth the procedures of the Combatant Status Review Tribunals and the noticed Administrative Review Boards in operation at Guantanamo Bay, Cuba, for determining the status of the detainees held at Guantanamo Bay.
(b) Procedures.--The procedures submitted to Congress pursuant to subsection (a) shall, with respect to proceedings beginning after the date of the submittal of such procedures under that subsection, ensure that--
(1) in making a determination of status of any detainee under such procedures, a Combatant Status Review Tribunal or Administrative Review Board may not consider statements derived from persons that, as determined by such Tribunal or Board, by the preponderance of the evidence, were obtained with undue coercion; and
(2) the Designated Civilian Official shall be an officer of the United States Government whose appointment to office was made by the President, by and with the advice and consent of the Senate. ...
(d) Judicial Review of Detention of Enemy Combatants.--
(1) IN GENERAL.--Section 2241 of title 28, United States Code, is amended by adding at the end the following:
``(e) 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 outside the United States (as that term is defined in section 101(a)(38) of the Immigration and Naturalization Act (8 U.S.C. 1101(a)(38)) who is detained by the Department of Defense at Guantanamo Bay, Cuba.''.
(2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW TRIBUNALS OF PROPRIETY OF DETENTION.--
(A) IN GENERAL.--Subject to subparagraphs (B), (C), and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any decision of a Designated Civilian Official described in subsection (b)(2) that an alien is properly detained as an enemy combatant.
[lots more - worth reading]
Mash Here -> 109th Congress - Senate - November 14, 2005
Navigate to: 29 . TEXT OF AMENDMENTS