they get that now to help them mount the habeas challenges.
I am not sure how to read this yet - remember that the SCOTUS has already injected itself into this and given them rights.
this may actually be a good thing.
"this may actually be a good thing."
Please follow-up.
to clarify, what I am saying is that in light of the fact that they were already granted habeas rights and the lawsuits are stacking up - wiping that clean and instead giving them a single appeal to the military judgement against them, is better then the status quo.
http://www.freerepublic.com/focus/f-news/1513207/posts?page=533#533
Graham now introducing an "in between" process, S.AMND.2524, amending S.AMND.2515.This gives all Guantanamo detainees the right to challenge the determination of "enemy combatant" status, on a case by case basis (one time), in a Federal Court. That is, the Federal Court will check the military commission/military tribunal process, and render an opinion as to whether the process has been properly applied, and the status ("enemy combatant," "civilian," "irregular combatant") is correct.
The object is to make sure the detainees are foreign national enemy combatants, and to deny the writ of habeus corpus to people being found of that status by a military tribunal -- agreed by a Federal court.
Very interesting dividing line between military law and civilian law, and it is being defined from several angles at this time. SCOTUS opinion is the impetus for this Senate action, for example.
With the way things are going in Washington the only thing to look forward to are the holidays when congress is out of session. When they are out of session they aren't doing harm.