Military Commissions Act of 2006 (MCA2006) ... a closer look!

"The devil is in the details," they say, but in this case, the devil is indeed in the details of the new Military Commissions Act of 2006 (MCA2006), but also in the general philosophy of the MCA2006 as well as the deliberate political/military/cultural/personal psychological purposes of the MCA2006 at this crucial time in American history. For the details, simply read the Wikipedia discussion and an excellent unclassified summary of the MCA2006 or a number of other excellent commentaries on both the MCA2006 and all of the political maneuvering that brought it to President Bush's desk for signing.

A quick summary that displays why I feel as strongly as I do about this unconstitutional and illegal bill is sufficient for this posting:

1. Strangely, the MCA2006 defines (redefines) the term "enemy combatant" in a manner that allows it to be applied to both non-US citizens and (yes) US citizens. It also is not necessary for an "illegal enemy combatant" to have ever engaged in combat against the US. [A new kind of person -- a non-combatant combatant!]

2. The MCA2006 allows for the use of evidence obtained with or without legal warrants both inside and outside of the United States of America. [We all remember Mr. Bush's statements on this matter -- why don't we see the videotapes of Mr. Bush explaining why warrants are always used ... replayed by the mainstream media?]

3. No longer are persons living in the United States (citizens and non-citizens) governed by the same courts and laws. [This is a principle that dates back to the founding of our country -- a toughie for the history buffs and more "true conservative" Republicans to swallow.]

4. Legal immigrants may be tortured, denied all legal rights and sentenced by a military commission. [Adolf Hitler applied this also -- many of the Jews were "legal immigrants" and most were even German citizens -- and his regime was castigated after World War II for these inhumane laws ... Primarily by the US Government!]

5. An entirely new system of courts (tribunals) applies to anyone the President, Secretary of Defense or anyone whom the President so designates as an "alien unlawful enemy combatant." The persons who can be so designated include US citizens. [This one confuses the hell outta me! Why weren't US citizens excluded from the possibility of being designated "aliens" -- strictly on the basis of suspicion?]

6. The MCA2006 globalizes (to any country in the world!) the CIA's abilities to detain, imprison and torture ... anyone they so desire to. The term torture is refined a little so as not to allow certain activities, but many, many activities are specifically left unmentioned and legal. The final decision as to what is legal can be made by the President of the United States of America. If the military aren't permitted certain aggressive interrogation techniques, the CIA or other "civilian agencies" are permitted to apply the "unusual techniques" outside of military jurisdiction. [I can only guess what "unusual" might mean ...] The MCA2006 actually rewrites the War Crimes Act to only forbid "grave breaches" (defined by the President or his designee) of the Geneva Conventions.

7. (Two parts) Defendants under the MCA2006 have no right to see the evidence against them and trials can be conducted without the defendant present. [How do you spell "Goodbye, Habeas Corpus"?]

8. Statements forced out of prisoners through the use of torture that took place before December 30, 2005 can be used as evidence against them. [See the graphic at the bottom of this posting. GWB, Rummy and many others are made safe from prosecution thanks to this, one of a couple of "Get out of Jail Free" cards. #11 below goes further.]

9. Where enemy combatants are allowed to have legal representation (if allowed), their attorneys are not permitted to have security clearances -- so have no access to any classified evidence against their clients.

10. Persons (US citizens or others) can be designated as "enemy combatants" for any activity that is deemed by the President to be considered "materially supportive to co-belligerents" -- which might include Israel, Saudi Arabia (I lived there!), Turkey, Rwanda, Canada (I went to Niagara Falls as a teenager) or whatever country the President decides is "not for us" (therefore, is "against us") and can be "disappeared" (new use for the word) into a secret CIA torture camp or executed anonymously.

11. [It goes on beyond these eleven, but the eleventh is a doozy.] US officials in the military, the CIA or the Executive Branch of the Government are given immunity from prosecution under the MCA2006 for any act of torture committed before December 30, 2005. [That is the thought behind the graphic below.]