HERE IT IS: Frist's S.3886 - Terrorist Tracking, ID, & Prosecution Act

[cyberpj]

Fight Frist's Combined Spying, Tribunals Bill

Trying to make themselves look “tough on terrorism” just in time for the November elections,
The president is pushing this legislation despite opposition from members of his own party who are concerned about the civil liberties implications of these two separate issues.

Bill Frist’s “Terrorist Tracking, Identification, and Prosecution Act of 2006,” (S. 3886) would combine the Cheney-Specter Bill to allow warrantless spying on Americans with military tribunals legislation that would gut the Geneva Conventions and allow secret evidence to be used to convict detainees held in Guantanamo. Making legislators either vote for or against these issues in one big bill shortcircuits the opportunity for these very important issues to be debated separately with full deliberation about the consequences for America if the law is so radically changed.

Read more:
http://action.aclu.org/site/PageServer?pagename=505_readmore

Tell your senators:
https://secure.aclu.org/site/Advocacy?alertId=505&pg=makeACall

Read the text of S.3886:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.03886:

PLEASE RECOMMEND.

[fooj]

1. Would someone throw this criminal in jail please?

[catnhatnh]

2. Sadly, in America....

We have to ask to WHICH criminal (Bush, Cheney, Frist, etc.) you refer to....

[cyberpj]

4. Yep. Send Bush, the puppet master Cheney, Rumsfeld, and Gonzo to start.

Then we'll get to work on the Congressional thieves and liars.

[cyberpj]

3. Here's the summary. "Introduced 9/11/2006" (of course)

S.3886
Title: A bill to authorize military commissions to bring terrorists to justice, to strengthen and modernize terrorist surveillance capabilities, and for other purposes.
Sponsor: Sen Frist, William H. (introduced 9/11/2006) Cosponsors (1)
Related Bills: H.R.6054, S.2453
Latest Major Action: 9/12/2006 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 605.
--------------------------------------------------------------------------------
SUMMARY AS OF:
9/11/2006--Introduced.

Terrorist Tracking, Identification, and Prosecution Act of 2006 - Authorizes the: (1) President to establish military commissions (commissions) to try individuals for violations of the law of war and other triable offenses; (2) commissions to impose upon any person found guilty any sentence appropriate to the offense, including death or imprisonment for life; and (3) Secretary of Defense to carry out such sentences.

Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of commissions to try unlawful enemy combatants for violations of triable offenses. Makes eligible to serve on a commission any U.S. commissioned officer on active duty. Requires to be detailed to each commission a military judge, trial and military defense counsel, and reporters and interpreters. Requires at least five members in each commission.

Prescribes, with respect to each established commission, pre-trial and trial procedures, including charges, rules of evidence, pleas, opportunity to obtain witnesses and other evidence, and defenses. Requires: (1) a two-thirds commission member vote for conviction; (2) a three-fourths member vote for a sentence of life imprisonment or confinement of more than ten years; and (3) a unanimous vote by at least 12 members in a case in which the death penalty is sought.

Prescribes post-trial procedures and reviews of commission actions, including appeal by the United States, rehearings, and review by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court.

Outlines offenses triable by commissions.

Amends the federal criminal code to add certain actions to be considered violations of the War Crimes Act.

National Security Surveillance Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (the Act) to establish a new title relating to electronic surveillance. Gives the Foreign Intelligence Surveillance Court (Court) (established under the Act) jurisdiction to review U.S. electronic surveillance programs (programs) that seek to obtain foreign intelligence information or to protect against international terrorism. Allows the Court to issue an order that authorizes a program for up to 90 days. Provides for congressional oversight of approved programs.

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN03886:@@@D&summ2=m&

[sarcasmo]

5. This is no longer Ameica.

[slipslidingaway]

6. K&R n/t

[Armstead]

7. Paging the Denocrats! You there?

[cyberpj]

8. Paging DUers... RU here? Please nom this for 'greatest' attention. nt

[slipslidingaway]

9. Here is someone's take on the compromise worked out.

http://balkin.blogspot.com/2006/09/senators-snatch-defeat-from-jaws-of.html

snip>>


"I hope that that headline is a gross exaggeration, but based on a few quick seconds purusing the "compromise," I'm afraid it's not. (The Administration appears to agree. Stephen Hadley was crowing to reporters within minutes that the bill would authorize the CIA "program" to "go forward.") (NOTE: I will be updating this post as we learn more, and if I have any time to parse the language more closely. I would dearly love if my initial impression -- and Hadley's -- is proven to be dead wrong. So I sincerely invite folks from the Senate staffs and elsewhere to write in with comments and corrections.)"

[cyberpj]

10. More interpretation here. Sure hope this is ONE the senators will READ!

snip...

Here's the language. It's not subtle at all, and it only takes 30 seconds or so to see that the Senators have capitualted entirely, that the U.S. will hereafter violate the Geneva Conventions by engaging in Cold Cell, Long Time Standing, etc., and that there will be very little pretense about it. In addition to the elimination of habeas rights in section 6, the bill would delegate to the President the authority to interpret "the meaning and application of the Geneva Conventions" "for the United States," except that the bill itself would define certain "grave breaches" of Common Article 3 to be war crimes. See, most importantly, the limiting language defining "serious physical pain or suffering," which is carefully drafted to exclude the CIA techniques such as Cold Cell and Long Time Standing. Also, some Senators apparently are taking comfort in the fact that the Administration's interpretation would have to be made, and defended, publicly. That's a small consolation, I suppose; but I'm confident the creative folks in my former shop at OLC -- you know, those who concluded that waterboarding is not torture -- will come up with something. After all, the Administration is already on record as saying that the CIA "program" can continue under this bill, so the die apparently is cast. And the courts would be precluded from reviewing it.]

And then, for good measure -- and this is perhaps the worst part of the bill, for purposes going far beyond the questions of torture and interrogation -- section 7 would preclude courts altogether from ever interpreting the Geneva Conventions -- any part of them -- by providing that "no person may invoke the Geneva Conventions or any protocols thereto in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party as a source of rights, in any court of the United States or its States or territories."

If I'm right, and if this is enacted, the only hope would be the prospect of the Supreme Court holding that both the habeas cut-off, and the "no person may invoke Geneva" provision, are unconstitutional.

http://balkin.blogspot.com/2006/09/senators-snatch-defeat-from-jaws-of.html

[slipslidingaway]

11. RETROACTIVE APPLICABILITY - November 26, 1997

Why retroactive to 1997, strange? but I do not know what the other laws are that they reference. We can only hope that some Senators read and object.


snip>>

(2) RETROACTIVE APPLICABILITY.—The amendments made by this section, except
as specified in paragraph 2441(d)(2)(E) of title 10, United States Code, shall take effect
as of November 26, 1997, as if enacted immediately after the amendments made by
section 583 of Public Law 105-118 (as amended by section 4002 of Public Law 107-
273).

AGREEMENT UPON COMMON ARTICLE 3

5 page pdf
http://natseclaw.typepad.com/natseclaw/files/Admin.SASC.Agreement.pdf


This from the original proposal from the WH which mentioned 9/11.

"SEC. 9. RETROACTIVE APPLICATION.

This Act shall take effect on the date of the enactment of this Act and shall apply retroactively, including to any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001, and to any claim or cause of action pending on or after the date of the enactment of this Act."

http://balkin.blogspot.com/Bush.Military.Commissions.Bill.pdf