Friday, September 29, 2006

Re: Clarity Please   [Jonah Goldberg]

Okay, I know this has already been said, but this email is from a military lawyer. By the way, you should see the horrible beating that Stanford teaching fellow is taking in my in-box, particularly from other lawyers. Anyway, for the last time:

Jonah:

Tons of email has been coming your way I don't doubt.

But the claims that House bill allows Mil. Commissions to declare US citizens unlawful enemy combatants fails simply by looking at the jurisdiction of the commissions:

`Sec. 948c. Persons subject to military commissions

`Any alien unlawful enemy combatant is subject to trial by military commission under this chapter

`Sec. 948d. Jurisdiction of military commissions

`(a) Jurisdiction- A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001.

If you are an alien, you may be subject to the Mil Comm'n.  If you're not an alien, you can't be.  While the commision can find that one is an unlawful combatant, they can't make a finding re: their status as an "alien."  If they are a citizen, the Comm'n has no jurisdiction to even suggest the parade of horribles where rogue Majors and Lieutenant Colonels are just flipping the "lawful/unlawful" coin.

There's no need to construe anything in the bill.  Only alien UECs are subject to the Comm'ns.  Citizens are not. Of course, I'm just a caveman, your world of Stanford fellows frightens and confuses me.

(doubtful, but if you post this, please don't use my name. Thanks)

 

09/29 12:06 PMShare