Misblog

Today, the Bush administration filed its supplemental brief, with the Court of Appeals (DC Circuit). The brief seeks to dismiss all lower court detainee habeas corpus complaints¹, under the controversial Military Commissions Act 2006.

The Bush administration continues to assert unprecedented and untenable executive power to:

• Unilaterally declare indefinite war against an individual or class of individuals; AND
• Unilaterally designate for indefinite detention, without charges, the individual or class of individuals against whom it has declared war; AND
• Unilaterally determine the correctness of its indefinite detention decision using its kangaroo combat status review tribunals (CSRT), wherein detainees are not represented; AND
• Substitute its kangaroo CSRT determinations for all judicial review or intervention.

Fortunately, the American people appear to have caught on to the administration's strategy of utilizing a potemkin war on terror² to justify its unprecedented power grab.

The new Congress simply needs to repeal the entire "In Torture We Trust Act 2006" (aka Military Commissions Act 2006) and pursue a new and different strategy to reduce the terrorism threat.

Link to Misblog's:

• Who Will Stop The Torture Update-4
• Who Will Stop The Torture Update-3
• 
  Who Will Stop The Torture Update-2
• Who Will Stop The Torture Update-1
• Who Will Stop The Torture

Blogosphere: SCOTUSblog

-----notes-----
1. Case Numbers: 05-5062, 05-5063, 05-5064, 05-5095 through 05-5116

2. There are certainly individuals (terrorists) who despise America and everything we stand for who intend us harm. However, categorizing the apprehension, prosecution and detention of these individuals as a war has not been and is not credible. In fact declaring a "global war on terror" has obscured, impeded and harmed our efforts to reduce terrorism.

Technorati Tags: habeas corpus, detainee litigation, detainees, military commissions act 2006, lakhdar, khaled, 05-5062