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Judy on Military Commissions Judy breaks down the military commissions bill and explains how it does not infringe on U.S. citizens' right to habeas corpus.The military commissions bill passed by the House and Senate in September in no way limits the right of U.S. citizens to habeas corpus – or the right to have a court review the legality of an individual’s incarceration.
Instead, it limits the right of alien unlawful enemy combatants engaged in hostilities against the U.S. – or terrorists – to file frivolous lawsuits that are placing a tremendous burden on the military.
The Supreme Court has ruled that Congress has considerable authority to limit habeas corpus.
That’s not to say the military doesn’t tell terrorists why they’re being detained – they do: all detainees get one review before a Combatant Status Review Tribunal.
Ultimately, the detained terrorists can appeal that decision to the DC Circuit Court of Appeals.
And most importantly, the bill complies with Article 3 of the Geneva Convention on the humane treatment of prisoners.
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