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Military Commissions Act of 2006: HR 6166
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The three versions of the Military Commissions Act are linked here: http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.6166:
Here are some comments regarding this Act:
Yale Law Professor Bruce Ackerman states in the L.A. Times, " .... authorizes
the president to seize American citizens as enemy combatants, even if they have
never left the United States. And once thrown into military prison, they cannot
expect a trial by their peers or any other of the normal protections of the Bill
of Rights."
Law Professor Marty Lederman explains : "this [subsection (ii) of the
definition of 'unlawful enemy combatant'] means that if the Pentagon says you're
an unlawful enemy combatant -- using whatever criteria they wish -- then as far
as Congress, and U.S. law, is concerned, you are one, whether or not you have
had any connection to 'hostilities' at all."
Here is the outline with links to sections for the third (Senate) version:
http://thomas.loc.gov/cgi-bin/query/D?c109:3:./temp/~c1093s3WXl::
Here is the outline for the Act:
Beginning
September 27, 2006
November 13, 2006
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Sec. 1. Short title; table of contents.
SEC. 2. CONSTRUCTION OF PRESIDENTIAL AUTHORITY TO ESTABLISH MILITARY
COMMISSIONS.
SEC. 3. MILITARY COMMISSIONS.
`CHAPTER 47A--MILITARY COMMISSIONS
`SUBCHAPTER I--GENERAL PROVISIONS
`Sec. 948b. Military commissions generally
`Sec. 948c. Persons subject to military commissions
`Sec. 948e. Annual report to congressional committees
`SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS
`Sec. 948h. Who may convene military commissions
`Sec. 948i. Who may serve on military commissions
`Sec. 948j. Military judge of a military commission
`Sec. 948k. Detail of trial counsel and defense counsel
`Sec. 948l. Detail or employment of reporters and interpreters
`Sec. 948m. Number of members; excuse of members; absent and additional
members
`SUBCHAPTER III--PRE-TRIAL PROCEDURE
`Sec. 948q. Charges and specifications
`Sec. 948s. Service of charges
`SUBCHAPTER IV--TRIAL PROCEDURE
`Sec. 949b. Unlawfully influencing action of military commission
`Sec. 949c. Duties of trial counsel and defense counsel
`Sec. 949h. Former jeopardy
`Sec. 949i. Pleas of the accused
`Sec. 949j. Opportunity to obtain witnesses and other evidence
`Sec. 949l. Voting and rulings
`Sec. 949m. Number of votes required
`Sec. 949n. Military commission to announce action
`Sec. 949o. Record of trial
`SUBCHAPTER V--SENTENCES
`Sec. 949s. Cruel or unusual punishments prohibited
`Sec. 949t. Maximum limits
`Sec. 949u. Execution of confinement
`SUBCHAPTER VI--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS
`Sec. 950a. Error of law; lesser included offense
`Sec. 950b. Review by the convening authority
`Sec. 950c. Appellate referral; waiver or withdrawal of appeal
`Sec. 950d. Appeal by the United States
`Sec. 950f. Review by Court of Military Commission Review
`Sec. 950g. Review by the United States Court of Appeals for the District
of Columbia Circuit and the Supreme Court
`Sec. 950h. Appellate counsel
`Sec. 950i. Execution of sentence; procedures for execution of sentence of
death
`Sec. 950j. Finality or proceedings, findings, and sentences
`SUBCHAPTER VII--PUNITIVE MATTERS
`Sec. 950p. Statement of substantive offenses
`Sec. 950r. Accessory after the fact
`Sec. 950v. Crimes triable by military commissions
`Sec. 950w. Perjury and obstruction of justice; contempt
SEC. 4. AMENDMENTS TO UNIFORM CODE OF MILITARY JUSTICE.
SEC. 5. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.
SEC. 6. IMPLEMENTATION OF TREATY OBLIGATIONS.
SEC. 7. HABEAS CORPUS MATTERS.
SEC. 8. REVISIONS TO DETAINEE TREATMENT ACT OF 2005 RELATING TO PROTECTION
OF CERTAIN UNITED STATES GOVERNMENT PERSONNEL.
SEC. 9. REVIEW OF JUDGMENTS OF MILITARY COMMISSIONS.
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