Did W. mess up his chance to get his torture law passed? I heard that he might have let the statute of limita

Question

tions regarding the presidents signing of a bill lapse(10 days) and all its gonna take is for someone to order an injuction to stop this outrageous/unnecessary law in it's tracks!! Lookin for a source now..

Those of you who do not understand the full extent of what this law will do and think it's just terrorist/lib pleasing need not reply.

Answer 1

Well, it wasn't only a torture bill if you read it! It was a Get out Of Jail Free card for Bush and his cronies backdated!!

It makes me sick to read it, and I am sure the US Supreme court will declare it Unconstitutional! The Congress can't pass a bill taking away the courts right to hear cases of habeas corpus, a RIGHT guaranteed in the US Constitution, nor allow Bush to be prosecuted for war crimes when the US Supreme court has already declared that he was violating the Geneva Conventions!!!

Read this and puke!

S. 3930, the Military Commissions Act of 2006
September 28, 2006

Treaty obligations not establishing grounds for certain claims. S. 3930 would prohibit a person from invoking the Geneva Conventions or related protocols as a source of rights in a habeas corpus petition or other civil action brought in a United States court (state, territory, or federal) to which the United States, or current or former employee/officer/armed forces member/agent, is a party.

The legislation, for the purposes of this section, defines the “Geneva Conventions” as the: Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (6 UST 3114); Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of the Armed Forces at Sea (6 UST 3217); Convention Relative to the Treatment of Prisoners of War (6 UST 3316); and Convention Relative to the Protection of Civilian Persons in Time of War (6 UST 3516).


Revision to War Crimes Offense under federal criminal code. S. 3930 would narrow the War Crimes Offense (18 USCS § 2441) by striking part of the current definition of the term “war crimes” which reads:

(c) which constitutes a violation of common Article 3 of the international conventions signed at Geneva, 12 August 1949, or any protocol to such convention to which the United States is a party and which deals with non-international armed conflict;

It would replace that subsection with:

(c) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; (emphasis added)

S. 3930 would add subsection (d) to the War Crimes Offense to enumerate and further define conduct that would constitute a “grave breach” of common Article 3: torture, cruel and inhuman treatment, performing biological experiments, murder, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, and taking hostages (does not apply to wartime prisoner exchanges).

Cruel and inhuman treatment would include inflicting “serious physical pain or suffering,” which, for the purposes of subsection (d), means bodily injury that involves substantial risk of death, extreme physical pain, a serious burn or disfigurement, or significant loss or functional impairment of a bodily member, organ, or mental faculty. Further, “serious mental pain or suffering,” in the cruel and inhuman treatment definition, for the purposes of subsection (d) would have the same meaning as “severe mental pain or suffering” (defined in another section of Title 18) save that “serious” would replace “severe” and, as to conduct that occurs after this Act is enacted, “serious and non-transitory mental harm (which need not be prolonged)” would replace “prolonged mental harm.”

The bill would also define several other terms as they are defined in other parts of Title 18 of the United States Code.


The new subsection (d) would also specify that the standard of intent required for grave breaches, especially murder, mutilation or maiming, or intentionally causing serious bodily harm, precludes offenses caused by collateral damage or death, damage, or injury incident to a lawful attack.

The bill’s changes to the War Crimes Offense would apply retroactively to November 27, 1997, except as to the “serious mental pain or suffering” definition within the context of Cruel and Inhuman Treatment.

Additional prohibition on cruel, inhuman or degrading treatment or punishment. S. 3930 would further prohibit cruel, inhuman, or degrading treatment or punishment of persons in the custody or under the physical control of the U.S. government, regardless of nationality or physical location. The legislation requires the President to take actions necessary to ensure compliance, including establishing administrative rules and procedures.

The bill would define “cruel, inhuman or degrading treatment or punishment” as it is prohibited in the by the Fifth, Eighth and Fourteenth Amendments to the U.S. Constitution, defined in the U.S. Reservations, Declarations and Understandings to the U.N. Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (December 10, 1984).

Implementation of treaty obligations. S. 3930 would establish that the grave breaches and cruel, inhuman, or degrading treatment or punishments identified by the legislation constitute violations of common Article 3 of the Geneva Conventions.

The legislation would establish that the amended War Crimes Offense fully satisfies the U.S. obligation under Article 129 of the Third Geneva Convention (the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).


The measure would prohibit US Courts from using foreign or international law as a basis for interpreting conduct listed in the grave breaches section of the War Crimes Offense (subsection (d)).

S. 3930 would both recognize the President’s inherent authority under the Constitution and authorize the President to interpret the meaning and application of the Geneva Conventions and to establish higher standards and administration regulations for violations of treaty obligations, including those which do not rise to the level of grave breaches. The legislation would order the President to publish those interpretations in the Federal Register as an Executive Order. Any such Order would be authoritative as a matter of U.S. law, with the exception of changes to the definition of grave breaches. The legislation states, however, that nothing in the section pertaining to the interpretation by the President is meant to affect the constitutional functions and responsibilities of Congress and the judicial branch.

“Geneva Conventions” is defined the same as in Sec. 5. Treaty Obligations Not Establishing Grounds For Certain Claims, except that the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, done at Geneva August 12, 1949 is referenced as 6 UST 3217 in this section.

Habeas Corpus matters. S. 3930 would amend the Habeas Corpus provisions of the United States Code to strip U.S. courts of jurisdiction to hear or consider a writ of habeas corpus (petition to seek release from unlawful detention) by or on the behalf of an alien detained by the U.S. who has been determined by the U.S. to have been properly detained as an enemy combatant or is awaiting such determination.

The legislation would also strip U.S. courts of jurisdiction to hear or consider any other action against the U.S. or its agents relating to the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the U.S. and has been determined by the U.S. to be properly detained as an enemy combatant or is awaiting such determination.

These changes would take effect on the date of enactment and would apply to all cases, without exception, pending on or after the date of enactment.

Revisions to Detainee Treatment Act of 2005 relating to protection of certain United States government personnel. S. 3930 would amend the Detainee Treatment Act of 2005 section that provides government personnel with legal counsel. Currently, it reads:

(b) Counsel. The United States Government may provide or employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation of an officer, employee, member of the Armed Forces, or other agent described in subsection (a), with respect to any civil action or criminal prosecution arising out of practices described in that subsection, under the same conditions, and to the same extent, to which such services and payments are authorized under section 1037 of title 10, United States Code. (emphasis added)

The bill would strike “may provide” and insert “shall provide.” It would insert “or investigation” after “criminal prosecution.” After “described in that subsection,” it would insert, “whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies.”


Further, the legislation would apply the new counsel section with respect to any criminal prosecution that:


relates to the detention and interrogation of aliens (“who [, according to the Detainee Treatment Act of 2005,] the President or his designees have determined are believed to be engaged in or associated with international terrorist activity that poses a serious, continuing threat to the United States, its interests, or its allies, and that were officially authorized and determined to be lawful at the time that they were conducted”) ;

is grounded in the amended War Crimes Offense (constitutes a grave breach of common Article 3 section); and

relates to actions occurring between 9/11/01 and 12/30/05.

Review of judgments of military commissions. S. 3930 would amend the Detainee Treatment Act of 2005, Judicial Review of Detention of Enemy Combatants section, to strike the current grant of review section which reads:

(B) Grant of review.--Review under this paragraph-- (i) with respect to a capital case or a case in which the alien was sentenced to a term of imprisonment of 10 years or more, shall be as of right; or (ii) with respect to any other case, shall be at the discretion of the United States Court of Appeals for the District of Columbia Circuit.

The bill would replace it with an unconditional, “(B) Grant of Review. Review under this paragraph shall be as of right.”

Further the legislation would amend the limitation on appeals section which currently reads:

(C) Limitation on appeals.--The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to an appeal brought by or on behalf of an alien-- (i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph (A), detained by the Department of Defense at Guantanamo Bay, Cuba; and(ii) for whom a final decision has been rendered pursuant to such military order. (emphasis added)

The legislation would strike both references to “pursuant to the military order'' and insert ``by a military commission.” It would also strike the limitation to persons detained ``at Guantanamo Bay, Cuba.''

The legislation would also strike the reference to a military order in the scope of review section and replace it with a reference to a military commission.

Detention Covered By Review of Decisions of Combatant Status Review Tribunals of Propriety of Detention. Last, S. 3930 would amend the Detainee Treatment Act of 2005 to allow the U.S. Court of Appeals for the District of Columbia Circuit jurisdiction over appeals from decisions made by the Combatant Status Review Tribunal with respect to aliens who are being held by the United States, as opposed to just the Department of Defense at Guantanamo Bay.

Answer 2

Biblical Christian answer. a million Timothy 4 Now the Spirit expressly says that in latter cases some will leave from the religion, giving heed to deceiving spirits and doctrines of demons, speaking lies in hypocrisy, having their personal experience of authentic and incorrect seared with a warm iron, forbidding to marry, and commanding to abstain from ingredients which God created to be received with thanksgiving through those who trust and understand the actuality. for each creature of God is powerful, and by no skill some thing is to be refused no matter if that's received with thanksgiving; for that's sanctified through the word of God and prayer. Galatians 5:a million (New King James version) Stand quickly hence contained in the freedom through which Christ has made us loose, and don't be entangled back with a yoke of bondage.

Answer 3

If what you say is true than I'd be so relieved! I'll have to go check this out and try to find out more about it. These damn dim wits that think torture is the only solution to saving their hineys have been brain washed by their own abusive and dictator wanna be gwb. They are so uniformed about our constitution and the geneva convention including habeas corpus that they don't realize what we stand to lose if they are dismantled.

Answer 4

Yeah how dare we want to try and get information from terrorists that might save American lives? After all it's our fault that they hate us right? We deserve what they do to us. Why trying to spread liberty and individual freedom to a world of people held down by vicious dictators is a terrible thing! Bush is 10 times worse than any of those Islamic Faciest leaders! Damn America anyway! Geeez why do u worry about the riights of people who want to cut your private parts off and stuff them in your mouth before they cut your head off?

Answer 5

Bush has never needed a law to torture. There are people being tortured in rendition camps right now-- in Bush's name.

Answer 6

I can't stand you whiny democrats being compassionate towards the enemy. COWARD

Answer 7

I hope you're right, I hadn't heard that.