Doesn't the Military Commissions Act apply to citizens as well?

Question

The Millitary Commissions Act says that "alien military combatents" can be arrested without a trial, laywer, or bail hearing. So it doesn't technically apply to citizens. But if they arrested a citizen and called you an alien military combatent, how would you prove you were a citizen? You don't get a trial, laywer, or bail hearing.

I was wondering how this would work. Don't just answer by saying it is for our protection or something else that doesn't answer the question.

MEL T: But how would your prove you are actually a citizen without a trial?

Answer 1

If this stands up to the Supreme Court, it is definitely a step towards creating a more powerful central government...and if the central government is stronger, it makes the individual weaker. It put the country on a path like a railroad with steel tracks...we would have to derail it to get it to go somewhere else. If the government controls who is identified as the enemy, then everyone who disagree with it could someday be in that catagory. The proof of guilt becomes unnecessary, it circumnavigates the Bill of Rights.

Answer 2

Map's answer above is incorrect. The term "alien" is defined within the law. You can not be declared an "alien."

"Any alien unlawful enemy combatant is subject to trial by military commission under this chapter" - with "alien" defined in section 948a(3) as "a person who is not a citizen of the United States".

Thus you can be declared an enemy combatant necessitating a miltiary tribunal if you have a green card, but not if you are an American Citizen. I could understand people being upset that resident aliens here legally could have their habeus corpus rights suspended, but the rest is just malarkey.

Edit:
Your question doesn't make sense. You'd get a trial as an American Citizen. They cannot prevent you from going to court as an American Citizen. The Courts will not refuse to hear your case based on the Military Commission Act of 2006. The ACLU will be there.

If your question was can you be kidnapped illegally from your home and held forever in some unknown location and end up on a milk carton. That was true before the Military Commissions Act. It was illegal then and it's illegal now.

Answer 3

From what I understand of it. If you are caught doing a act to terrorism or caught with military type gear or planning an operations and are not wearing part of a country's official military, you can be labeled as a enemy combatant.

If you look at what is going on in the world, terrorist belong to a militia from no official country and are attacking building or national interests of the USA, France, UK, Spain, Iraq, etc.

They carry out military type operations, but do not belong to any "official military". So they are labeled as a terrorist or as a enemy combatant. Since they represent no country, are not citizens of the USA, and they are a sworn enemy's of the United States, they are considered alien military combatants.

Its not that hard to understand. Germany sent people to the USA in world war 2 and they were given military trials and they were hung in an elevator shaft somewhere in Washington DC.

If you are a citizen of the United States, Jose Padilla and John Walker Lindh, they still have not decided how to run with this one. Both are citizens of the United States. Padilla had plans to come to the USA and execute terrorist acts againts the USA. John Walker Lindh was captured on the battle field in Afganistan. Here is an article I found for you on CNN.

http://edition.cnn.com/2002/LAW/02/05/ret.indictment.walker/index.html

Answer 4

Well, here's the thing. The Military Commissions Act does NOT entail that the government can arbitrarily accuse someone of being an unlawful enemy combatant.
Mainly, it implies that if an un-uniformed combatant is caught, and they're trying to kill Americans, they will have to stand before a military tribunal.
It does not mean that random Americans will be caught and prosecuted.
If you (or anyone else) is accuse of being al Qaida, you (or they) have bigger problems than not being albe to obtain a lawyer!
I can honestly see where the fear is coming from. However, if it wasn't Bush signing the Act into effect, would you still feel the same way about it? What if it was someone you trusted?

Answer 5

There is nothing in the legislation that limits the definition to the foreign born. A citizen could be detained indefinitely if so designated.

Answer 6

at the same time as they alter into an enemy in a conflict....even throughout WWII spys that were individuals were subject to military justice. in basic terms because they are American does no longer provide them any particular rights.....they abandoned those rights at the same time as they fought or conspire to attack the U.S. below the call of any enemy. IMO

Answer 7

Yes! the act applies to all enemy combatants. This is a major issue that needs to go to the supreme court

Answer 8

My understanding of the Act is that it applies to "enemy combatants," which would ultimately be a question for the trier of fact in situations where a US citizen is involved...

Another good reason to keep us Lawyers around, btw.

Don't automatically assume that Republican lawyers will let the Constitution be trampled...

Answer 9

Go to
http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.6166.EH:

And read it. Anybody but a total idiot who reads it all the way through will know what a monstrosity it is.

Answer 10

I guess we need to protect ourselves, from ourselves.