There is a new bill that has passed that has everyones panties in a knot. Bill S.3930 would establish new rules in how unlawful enemy combatants are treated once a crime has been established. Terrorism has normally been treated as a law enforcement rather then a military problem. I think the military is a more appropriate avenue to combat this new threat. They are better equipped, better trained, and have better intelligence gathering abilities. That said, many people are falsely portraying this bill as something that's going to put American citizens in jeopardy of military tribunals and allow American citizens to be "taken away to some gulag".
First off, in Subchapter I, it clearly defines who the bill is targeting. "Any alien unlawful enemy combatant engaged in hostilities or having supported hostilities against the United States is subject to trial by military commission as set forth in this chapter." It further goes on to explain who exactly an "alien unlawful enemy combatant" is.
"(1) ALIEN- The term `alien' means an individual who is not a citizen of the United States.
(2) CLASSIFIED INFORMATION- The term `classified information' means the following:
(A) Any information or material that has been determined by the United States Government pursuant to statute, Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security.
(B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
(3) LAWFUL ENEMY COMBATANT- The term `lawful enemy combatant' means an individual who is--
(A) a member of the regular forces of a State party engaged in hostilities against the United States;
(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or
(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.
(4) UNLAWFUL ENEMY COMBATANT- The term `unlawful enemy combatant' means an individual engaged in hostilities against the United States who is not a lawful enemy combatant."
Many people seem to think that this negates the Bill Of Rights. No laws can be passed that negate the Bill Of Rights. The courts would strike it down. Of course, innocence does still matter. You don't want to pick up some poor farmer in Afghanistan who's done nothing wrong and subject him to rigorous interrogation if his innocent.
It's a balancing act that our government is trying to do. You want to protect the American public from horrible acts of terrorism, but you don't want terrorists to know your intelligence gathering abilities and techniques. If you are tried in open court, anyone may come in and listen in on classified information and techniques. Perhaps Osama's cousin might come in and say "oh that's how they do it" and change their ways accordingly. Now, you have the problem of figuring out how to listen in on them again. All the while, new plans for acts of terrorism are being made and you run the chance of further acts being successful. Plus, if you commit acts of terrorism and are not an American citizen, why should we give you the rights that you've denied to others?
Travis
travis@rightwinglunatic.com
Tuesday, October 17, 2006
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