"habeas Corpus Restoration Act Of 2006"

[Moriani]

Quote:If that goes through, I will be surprised, they cannot the truth of the situation to come out.

DJ

Don't worry about it.

Not only does the Military Commissions Act of 2006 violate U.S. CONST. art. 1 § 9 cl.2, it also directly conflicts with Common Article 3 of all four protocols to the Geneva Convention, plus Article 5 of the 3rd Protocol, additional articles in both the 3rd and 4th Protocols, Articles 8 and 14 of the ICCPR and Articles 3 and others in the Convention Against Torture.

On review, the possibilities for the Supreme Court are 1) Strike the MCA, 2) Strike nearly everything except the clause granting immunity from 1997 on, or 3) Affirm the MCA.

You can forget about #3 since that would effectively abrogate 6 international treaties. While the Senate approves treaties, only the president can withdraw from a treaty. Neither the House nor Senate have the power to withdraw from a treaty (that's why Kucinich says he will withdraw the US from NAFTA and the WTO -- because he really can do that with the simple stroke of a pen).

Note that the clause from immunity is only applicable in the US. Bush and others can still be prosecuted in other countries.