Hal Turner's Analysis Of The Military Commissions Act Of 2006
by Hal Turner (from
www.halturnershow.com)
October 21, 2006 -- A lot of controversy has begun swirling about the
recently passed "Military Commissions Act of 2006" (MCA). Some newspapers
are reporting it is a terrific new law which applies solely to Non-U.S.
Citizen "aliens" engaged in hostilities against the United States. That
assessment is totally inaccurate.
MCA absolutely, positively applies to U.S. Citizens as well as foreigners
and I will prove it. First, open this PDF file of the ACTUAL law. It will
open in a new window so you can follow my analysis by looking at the law
itself!
The reasons this law is hideous are as follows:
*You do NOT have the right to a speedy trial. You can be held indefinitely,
without being charged or being tried!
*You do not have the right to remain silent against self-incrimination.
On Page 3 of the PDF file [referring to Government Printing Office PDF of passed legislation], it makes clear in sub-section 948''§ 948b. Military commissions generally:
''(d) INAPPLICABILITY OF CERTAIN PROVISIONS.-(1) The following
provisions of this title shall not apply to trial by military
commission under this chapter:
''(A) Section 810 (article 10 of the Uniform Code of Military
Justice), relating to speedy trial, including any rule of courts-martial
relating to speedy trial.
''(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and
(d) of the Uniform Code of Military Justice), relating to compulsory
self-incrimination.
Other things making this law hideous include the following:
You do NOT have the right to hire your own lawyer; the Military appoints one
of their lawyers to you!
Page 5 of the PDF file makes clear in section ''§ 948k. Detail of trial
counsel and defense counsel" by saying:
''(a) DETAIL OF COUNSEL GENERALLY.-(1) Trial counsel and military defense counsel shall be detailed for each military commission under this chapter.
Even worse, you can be "coerced" (i.e. Tortured) into supplying statements
or evidence! This new law makes clear that statements obtained from a
suspect by "coercion" (i.e. Torture) are admissible as evidence!
On Page 8 of the PDF file, sub-section 948r Parts (c) and (d) specifically
allow coerced evidence to be admitted and states as follows:
''(c) STATEMENTS OBTAINED BEFORE ENACTMENT OF DETAINEE
TREATMENT ACT OF 2005.-A statement obtained before December
30, 2005 (the date of the enactment of the Defense Treatment
Act of 2005) in which the degree of coercion is disputed may be
admitted only if the military judge finds that-
''(1) the totality of the circumstances renders the statement
reliable and possessing sufficient probative value; and
''(2) the interests of justice would best be served by admission
of the statement into evidence.
''(d) STATEMENTS OBTAINED AFTER ENACTMENT OF DETAINEE
TREATMENT ACT OF 2005.-A statement obtained on or after
December 30, 2005 (the date of the enactment of the Defense
Treatment Act of 2005) in which the degree of coercion is disputed
may be admitted only if the military judge finds that-
''(1) the totality of the circumstances renders the statement
reliable and possessing sufficient probative value;
''(2) the interests of justice would best be served by admission
of the statement into evidence;
Continuing in its outright assault of our U.S. Constitution, this new law
also says that all evidence is admissible, no matter how it was obtained,
even if it was obtained without a Search Warrant!! On Page 9 of the PDF
file, sub-section 949a makes this clear in Part (2) by stating:
''(2) In establishing procedures and rules of evidence for military
commission proceedings, the Secretary of Defense may prescribe
the following provisions:
''(A) Evidence shall be admissible if the military judge
determines that the evidence would have probative value to
a reasonable person.
''(B) Evidence shall not be excluded from trial by military
commission on the grounds that the evidence was not seized
pursuant to a search warrant or other authorization.
To briefly recap, you can be arrested and jailed indefinitely without being
charged or tried. You do not have the right to remain silent. You get one
of _their_ lawyers, not your own. You can be tortured. Government can
search and Seize without a search warrant and evidence obtained without a
Search Warrant is admissible in these Military Commission "trials."
Those are just the basics of why this law is hideous. Now, I'll prove that
this new law does, in fact, apply to American Citizens inside the United
States!
We'll begin at the beginning. The language of the law is clear:
''§ 948a. Definitions ''In this chapter: ''(1) UNLAWFUL ENEMY COMBATANT.-(A)
The term 'unlawful enemy combatant' means-
''(i) a person who has engaged in hostilities or who
has purposefully and materially supported hostilities
against the United States or its co-belligerents who is
not a lawful enemy combatant (including a person who
is part of the Taliban, al Qaeda, or associated forces);
or
''(ii) a person who, before, on, or after the date of
the enactment of the Military Commissions Act of 2006,
has been determined to be an unlawful enemy combatant
by a Combatant Status Review Tribunal or another competent
tribunal established under the authority of the
President or the Secretary of Defense
There you have it. The very first definition in the law defines UNLAWFUL
ENEMY COMBATANT AS "a person" . . .. . . Any person. Anyone, anywhere.
Later the Definitions describe an "Alien" and states as its definition as:
''(3) ALIEN.-The term 'alien' means a person who is not a citizen of the
United States."
Next, Congress tries to pull the wool over everyone's eyes by describing to
whom this new law will apply. The section is as follows:
''§ 948c. Persons subject to military commissions
''Any alien unlawful enemy combatant is subject to trial by
military commission under this chapter."
This is where the media went astray because after reading this section, they
apparently never bothered to read further. It is in the further reading that
Congress cunningly (and quite deliberately) puts every American citizen on
the hook!
On Page 31 of the PDF file, beginning with (25) PROVIDING MATERIAL SUPPORT
FOR TERRORISM, Item (B) makes reference to regular U.S. Criminal law
(underlined below) by stating:
''(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.-
''(A) OFFENSE.-Any person subject to this chapter who
provides material support or resources, knowing or
intending that they are to be used in preparation for,
or in carrying out, an act of terrorism (as set forth in
paragraph (24)), or who intentionally provides material
support or resources to an international terrorist organization
engaged in hostilities against the United States,
knowing that such organization has engaged or engages
in terrorism (as so set forth), shall be punished as a military
commission under this chapter may direct.
''(B) MATERIAL SUPPORT OR RESOURCES DEFINED.-In
this paragraph, the term 'material support or resources'
has the meaning given that term in section 2339A(b) of
title 18.
At this point, in order to understand the definition, we must go to Title
18, United States Code, Section 2339 (A) and (b) which reads:
TITLE 18 > PART I > CHAPTER 113B > § 2339
§ 2339. Harboring or concealing terrorists
(a) Whoever harbors or conceals any person who he knows, or has reasonable
grounds to believe, has committed, or is about to commit, an offense under
section 32 (relating to destruction of aircraft or aircraft facilities),
section 175 (relating to biological weapons), section 229 (relating to
chemical weapons), section 831 (relating to nuclear materials), paragraph
(2) or (3) of section 844 (f) (relating to arson and bombing of government
property risking or causing injury or death), section 1366 (a) (relating to
the destruction of an energy facility), section 2280 (relating to violence
against maritime navigation), section 2332a (relating to weapons of mass
destruction), or section 2332b (relating to acts of terrorism transcending
national boundaries) of this title, section 236 (a) (relating to sabotage of
nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284
(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be
fined under this title or imprisoned not more than ten years, or both.
(b) A violation of this section may be prosecuted in any Federal judicial
district in which the underlying offense was committed, or in any other
Federal judicial district as provided by law.
Once again, Congress sneaks American Citizens into this law, this time by
referencing a definition of a separate Criminal law. When the criminal
statute (above) says "Whoever. . . . ." it means exactly that: WHOEVER!
For those of you who still don't accept my analysis of the law, the
following will eradicate any misconception you may have.
On that same page 31 of the the PDF file, Section (26) cuts to the chase by
stating:
''(26) WRONGFULLY AIDING THE ENEMY.-Any person subject
to this chapter who, in breach of an allegiance or duty to
the United States knowingly and intentionally aids an enemy
of the United States, or one of the co-belligerents of the enemy,
shall be punished as a military commission under this chapter
may direct.
The ONLY people in the world who can commit a "breach of allegiance or duty
to the United States" are U.S. Citizens. We're the only ones who have such
an allegiance or duty!
So there you have it folks. In black and white for all the world to see.
Lest you remain unconvinced, look at "OFFENSES" other than "terrorism" which
can now to be handled by Military Commissions. PLEASE PAY PARTICULAR
ATTENTION that the very first sentence in this section says these enumerated
crimes SHALL BE triable by military commission. . .. . . at any time without
limitation": (WIthout limitation means exactly that: no limits!)
''(b) OFFENSES.-The following offenses shall be triable by military
commission under this chapter at any time without limitation:
''(1) MURDER OF PROTECTED PERSONS.-Any person subject
to this chapter who intentionally kills one or more protected
persons shall be punished by death or such other punishment
as a military commission under this chapter may direct.
''(2) ATTACKING CIVILIANS.-Any person subject to this
chapter who intentionally engages in an attack upon a civilian
population as such, or individual civilians not taking active
part in hostilities, shall be punished, if death results to one
or more of the victims, by death or such other punishment
as a military commission under this chapter may direct, and,
if death does not result to any of the victims, by such punishment,
other than death, as a military commission under this
chapter may direct.
''(3) ATTACKING CIVILIAN OBJECTS.-Any person subject to
this chapter who intentionally engages in an attack upon a
civilian object that is not a military objective shall be punished
as a military commission under this chapter may direct.
''(4) ATTACKING PROTECTED PROPERTY.-Any person subject
to this chapter who intentionally engages in an attack upon
protected property shall be punished as a military commission
under this chapter may direct.
''(5) PILLAGING.-Any person subject to this chapter who
intentionally and in the absence of military necessity appropriates
or seizes property for private or personal use, without
the consent of a person with authority to permit such appropriation
or seizure, shall be punished as a military commission
under this chapter may direct.
''(6) DENYING QUARTER.-Any person subject to this chapter
who, with effective command or control over subordinate
groups, declares, orders, or otherwise indicates to those groups
that there shall be no survivors or surrender accepted, with
the intent to threaten an adversary or to conduct hostilities
such that there would be no survivors or surrender accepted,
shall be punished as a military commission under this chapter
may direct.
''(7) TAKING HOSTAGES.-Any person subject to this chapter
who, having knowingly seized or detained one or more persons,
threatens to kill, injure, or continue to detain such person
or persons with the intent of compelling any nation, person
other than the hostage, or group of persons to act or refrain
from acting as an explicit or implicit condition for the safety
or release of such person or persons, shall be punished, if
death results to one or more of the victims, by death or such
other punishment as a military commission under this chapter
may direct, and, if death does not result to any of the victims,
by such punishment, other than death, as a military commission
under this chapter may direct.
''(8) EMPLOYING POISON OR SIMILAR WEAPONS.-Any person
subject to this chapter who intentionally, as a method of warfare,
employs a substance or weapon that releases a substance
that causes death or serious and lasting damage to health
in the ordinary course of events, through its asphyxiating,
bacteriological, or toxic properties, shall be punished, if death
S. 3930-28
results to one or more of the victims, by death or such other
punishment as a military commission under this chapter may
direct, and, if death does not result to any of the victims,
by such punishment, other than death, as a military commission
under this chapter may direct.
''(9) USING PROTECTED PERSONS AS A SHIELD.-Any person
subject to this chapter who positions, or otherwise takes advantage
of, a protected person with the intent to shield a military
objective from attack, or to shield, favor, or impede military
operations, shall be punished, if death results to one or more
of the victims, by death or such other punishment as a military
commission under this chapter may direct, and, if death does
not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may
direct.
''(10) USING PROTECTED PROPERTY AS A SHIELD.-Any person
subject to this chapter who positions, or otherwise takes
advantage of the location of, protected property with the intent
to shield a military objective from attack, or to shield, favor,
or impede military operations, shall be punished as a military
commission under this chapter may direct.
''(11) TORTURE.-
''(A) OFFENSE.-Any person subject to this chapter who
commits an act specifically intended to inflict severe physical
or mental pain or suffering (other than pain or suffering
incidental to lawful sanctions) upon another person
within his custody or physical control for the purpose of
obtaining information or a confession, punishment, intimidation,
coercion, or any reason based on discrimination
of any kind, shall be punished, if death results to one
or more of the victims, by death or such other punishment
as a military commission under this chapter may direct,
and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
''(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED.-
In this section, the term 'severe mental pain or suffering'
has the meaning given that term in section 2340(2) of
title 18.
''(12) CRUEL OR INHUMAN TREATMENT.-
''(A) OFFENSE.-Any person subject to this chapter who
commits an act intended to inflict severe or serious physical
or mental pain or suffering (other than pain or suffering
incidental to lawful sanctions), including serious physical
abuse, upon another within his custody or control shall
be punished, if death results to the victim, by death or
such other punishment as a military commission under
this chapter may direct, and, if death does not result to
the victim, by such punishment, other than death, as a
military commission under this chapter may direct.
''(B) DEFINITIONS.-In this paragraph:
''(i) The term 'serious physical pain or suffering'
means bodily injury that involves-
''(I) a substantial risk of death;
''(II) extreme physical pain;
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''(III) a burn or physical disfigurement of a
serious nature (other than cuts, abrasions, or
bruises); or
''(IV) significant loss or impairment of the
function of a bodily member, organ, or mental
faculty.
''(ii) The term 'severe mental pain or suffering'
has the meaning given that term in section 2340(2)
of title 18.
''(iii) The term 'serious mental pain or suffering'
has the meaning given the term 'severe mental pain
or suffering' in section 2340(2) of title 18, except that-
''(I) the term 'serious' shall replace the term
'severe' where it appears; and
''(II) as to conduct occurring after the date
of the enactment of the Military Commissions Act
of 2006, the term 'serious and non-transitory
mental harm (which need not be prolonged)' shall
replace the term 'prolonged mental harm' where
it appears.
''(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.-
''(A) OFFENSE.-Any person subject to this chapter who
intentionally causes serious bodily injury to one or more
persons, including lawful combatants, in violation of the
law of war shall be punished, if death results to one or
more of the victims, by death or such other punishment
as a military commission under this chapter may direct,
and, if death does not result to any of the victims, by
such punishment, other than death, as a military commission
under this chapter may direct.
''(B) SERIOUS BODILY INJURY DEFINED.-In this paragraph,
the term 'serious bodily injury' means bodily injury
which involves-
''(i) a substantial risk of death;
''(ii) extreme physical pain;
''(iii) protracted and obvious disfigurement; or
''(iv) protracted loss or impairment of the function
of a bodily member, organ, or mental faculty.
''(14) MUTILATING OR MAIMING.-Any person subject to this
chapter who intentionally injures one or more protected persons
by disfiguring the person or persons by any mutilation of the
person or persons, or by permanently disabling any member,
limb, or organ of the body of the person or persons, without
any legitimate medical or dental purpose, shall be punished,
if death results to one or more of the victims, by death or
such other punishment as a military commission under this
chapter may direct, and, if death does not result to any of
the victims, by such punishment, other than death, as a military
commission under this chapter may direct.
''(15) MURDER IN VIOLATION OF THE LAW OF WAR.-Any
person subject to this chapter who intentionally kills one or
more persons, including lawful combatants, in violation of the
law of war shall be punished by death or such other punishment
as a military commission under this chapter may direct.
''(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW
OF WAR.-Any person subject to this chapter who intentionally
destroys property belonging to another person in violation of
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the law of war shall punished as a military commission under
this chapter may direct.
''(17) USING TREACHERY OR PERFIDY.-Any person subject
to this chapter who, after inviting the confidence or belief
of one or more persons that they were entitled to, or obliged
to accord, protection under the law of war, intentionally makes
use of that confidence or belief in killing, injuring, or capturing
such person or persons shall be punished, if death results
to one or more of the victims, by death or such other punishment
as a military commission under this chapter may direct,
and, if death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct.
''(18) IMPROPERLY USING A FLAG OF TRUCE.-Any person
subject to this chapter who uses a flag of truce to feign an
intention to negotiate, surrender, or otherwise suspend hostilities
when there is no such intention shall be punished as
a military commission under this chapter may direct.
''(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.-Any person
subject to this chapter who intentionally uses a distinctive
emblem recognized by the law of war for combatant purposes
in a manner prohibited by the law of war shall be punished
as a military commission under this chapter may direct.
''(20) INTENTIONALLY MISTREATING A DEAD BODY.-Any person
subject to this chapter who intentionally mistreats the
body of a dead person, without justification by legitimate military
necessity, shall be punished as a military commission
under this chapter may direct.
''(21) RAPE.-Any person subject to this chapter who forcibly
or with coercion or threat of force wrongfully invades
the body of a person by penetrating, however slightly, the
anal or genital opening of the victim with any part of the
body of the accused, or with any foreign object, shall be punished
as a military commission under this chapter may direct.
''(22) SEXUAL ASSAULT OR ABUSE.-Any person subject to
this chapter who forcibly or with coercion or threat of force
engages in sexual contact with one or more persons, or causes
one or more persons to engage in sexual contact, shall be
punished as a military commission under this chapter may
direct.
''(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.-
Any person subject to this chapter who intentionally seizes,
exercises unauthorized control over, or endangers the safe
navigation of a vessel or aircraft that is not a legitimate military
objective shall be punished, if death results to one or more
of the victims, by death or such other punishment as a military
commission under this chapter may direct, and, if death does
not result to any of the victims, by such punishment, other
than death, as a military commission under this chapter may
direct.
''(24) TERRORISM.-Any person subject to this chapter who
intentionally kills or inflicts great bodily harm on one or more
protected persons, or intentionally engages in an act that
evinces a wanton disregard for human life, in a manner calculated
to influence or affect the conduct of government or
civilian population by intimidation or coercion, or to retaliate
against government conduct, shall be punished, if death results
S. 3930-31
to one or more of the victims, by death or such other punishment
as a military commission under this chapter may direct,
and, if death does not result to any of the victims, by such
punishment, other than death, as a military commission under
this chapter may direct
WOW! That's quite a list. In fact, if you noticed, they listed "TERRORISM"
as the final "offense" that the Military Commissions would deal with!
Since we already have criminal statutes on the books to handle any such criminal acts by citizens, why include them in this new law unless they intended to shift a whole slew of violent criminals into this new Military Commission Act????
After I finished recoiling in horror that AMERICAN CITIZENS absolutely can be subjected to this law, a funny thought occurred to me:
If they play this as only applying to "ALIENS" then every Illegal Alien in
this land who has previously committed a crime - or who does so in the
future - can simply be declared an "enemy Combatant" and instantly whisked
out of the criminal justice system and put before a Military Commission.
That might not be a bad thing! If this was done, it would have been the
finest "horn-swaggling" of the U.S. Congress in history! In one fell swoop,
the Administration has totally thwarted any and all immigration reform and
given itself absolute, total control in dealing with violent, criminal
illegal aliens!!!. Wait until the bleeding heart immigration crowd realizes
this!
One last item. Anyone who actually IS declared to be an Enemy Combatant has
no way to appeal or fight such
a designation. None at all.
On Page 4 of the PDF file, under ''§ 948d. Jurisdiction of military
commissions" any such designation is "Dispositive." That means the issue
is Disposed of. Period. End. Here's the actual wording:
''(c) DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS
DISPOSITIVE.-A finding, whether before, on, or after the date of
the enactment of the Military Commissions Act of 2006, by a
Combatant Status Review Tribunal or another competent tribunal
established under the authority of the President or the Secretary
of Defense that a person is an unlawful enemy combatant is dispositive
for purposes of jurisdiction for trial by military commission
under this chapter.
So once they declare any of us to be enemy combatants, our Constitutional Rights go out the window. Our ability to appeal to the courts goes out the window. . .. . . . just like existed in 1776 when we suffered the tyranny of King George III.
My fellow Americans, this is TYRANNY. This is absolute Despotism.
Our forefathers forcibly and violently overthrew the government of King George III in 1776 because citizens were treated like this. Either this law must go, or We The People may have to get rid of our government the same way our Founding Fathers did.. There doesn't seem to be any middle ground.
On November 7, 2006, you have the ability to vote out of office, (legally and bloodlessly) all the people who helped enact this law. I earnestly hope you will oust the people responsible so that folks like me won't have to "take them out."
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