I Told You So
Via
Bark Bark Woof Woof,
we learn that the Bush administration has
drafted a bill
in response to the Hamdan decision, and based on the early draft, it's a dictator's dream.
According to "legal experts" cited by the Yahoo AP article, the language is so broad that it may
allow Bush to declare American citizens "unlawful enemy combatants," jail them indefinitely without
access to civilian courts, and possibly even try them before military commissions. Here's
Marty Lederman
commenting on the
draft (.pdf)
he has obtained:
On first glance, the proposal does not appear to be limited to aliens (the word "alien" was repeatedly
deleted), nor even to Al Qaeda and other groups and individuals covered by the September 18, 2001 AUMF
— it covers any and all "enemy combatants" against the U.S. and its allies in any conflict,
anywhere and at any time. And "unlawful enemy combatant" is defined to include — but not be
limited to — an individual or is or was "part of or supporting" Taliban or Al Qaeda forces, or
associated forces engaged in hostilities against the U.S. or its coalition partners. If I'm reading
this right, if you're a citizen alleged to have "supported" a hostile group "associated" with Al
Qaeda, you can be (i) detained until the "cessation of hostilities" (with whom? doesn't say); and (ii)
tried before a military commission.
And according to Lederman, the draft would give Bush the authority to create "other" commissions than
the military commissions the Supreme Court threw out.
Lederman says the draft is obviously a work in progress, but the initial draft gives cause for alarm.
I've told you for years that Bush intends to become a de facto dictator, and if the
power to force American civilians to be summarily jailed on presidential order, detained until
"cessation of hostilities" (i.e., indefinitely), then tried before military tribunals rather than
civilian courts, does not constitute dictatorial powers, I don't know what does.
Will Congress stop him? The Supreme Court tried, but Bush and his henchmen seem not to have gotten
the message. Stay tuned.
Aside: I'm driving to Austin later today, and will be there for a couple of days of work. Blogging
forecast: light, with possible occasional bursts in the evening.
Steve
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