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The Military Commissions Act of 2006

The United States Military Commissions Act of 2006, is an Act of Congress (Senate Bill 3930) signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v. Rumsfeld, the Act's stated purpose is to "facilitate bringing to justice terrorists and other unlawful enemy combatants through full and fair trials by military commissions, and for other purposes." The bill eliminates Habeas Corpus and bipartisan critics contend that it is unconstitutional. This law has been used to detain "enemy combatants" indefinitely in a military prison without access to a lawyer.

Joseph Biden on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: Biden voted against the Military Commissions Act of 2006.
Citations:
1. Guantanamo Bay Detention Facility Closure Act of 2007 (8/29/07)
Biden co-sponsored this legislation
2. Biden on ABC with ABC%u2019s This Week With George Stephanopoulos (8/29/07)
Biden talking about how bad Guantanamo is.
Sam Brownback on The Military Commissions Act of 2006 More on this candidate
Stance: Supports
Description: Brownback voted for the Military Commissions Act of 2006.
Citations:
Hillary Clinton on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: She voted against the Military Commissions Act of 2006.
Citations:
1. Senator Clinton Calls for Closure of Guantanamo (8/29/07)
A statement she made condemning Guantanamo.
Christopher Dodd on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: "I am hopeful that the Court sees that several provisions of the Military Commissions Act cannot pass Constitutional muster. In its current form, the Military Commissions Act does not provide a credible process for bringing suspected terrorists to justice, stripping our nation of its moral authority and further imperiling our military personnel abroad. Indeed, the erosion of Constitutional rights does not achieve their intended goal of increasing our security. Instead, it has reduced our standing in the world, making us more isolated and ultimately more vulnerable and less secure. While the Supreme Court's review is necessary, I hope that Congress will also do its part to immediately change this law by supporting the Restoring the Constitution Act which develops a tough but fair system of bringing terrorists to justice."
Citations:
1. Democratic Presidential Candidate Senator Chris Dodd (8/29/07)
Dodd talking about how important habeus corpus is.
2. Dodd on Supreme Court and Guantanamo (8/29/07)
"I am hopeful that the Court sees that several provisions of the Military Commissions Act cannot pass Constitutional muster. In its current form, the Military Commissions Act does not provide a credible process for bringing suspected terrorists to justice, stripping our nation of its moral authority and further imperiling our military personnel abroad. "Indeed, the erosion of Constitutional rights does not achieve their intended goal of increasing our security. Instead, it has reduced our standing in the world, making us more isolated and ultimately more vulnerable and less secure. "While the Supreme Court's review is necessary, I hope that Congress will also do its part to immediately change this law by supporting the Restoring the Constitution Act which develops a tough but fair system of bringing terrorists to justice."
John Edwards on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: "As president, I will close Guantanamo Bay, restore habeas corpus, and ban torture." - Edwards
Citations:
1. Edwards Addresses the Council on Foreign Relations (8/29/07)
A speech he gave to the CFR entitled "A Strong Military for a New Century."
Newt Gingrich on The Military Commissions Act of 2006 More on this candidate
Stance: Supports
Description: "Former Speaker of the House Newt Gingrich said the country will be forced to reexamine freedom of speech to meet the threat of terrorism.

"Gingrich, speaking at a Manchester awards banquet, said a 'different set of rules' may be needed to reduce terrorists' ability to use the Internet and free speech to recruit and get out their message."
Citations:
1. Military Commissions Act: A Precursor to Tyranny? (8/30/07)
...statements of former house speaker Newt Gingrich. According to the (Manchester, NH) Union Leader, Former Speaker of the House Newt Gingrich yesterday [Monday, Nov. 27] in Manchester said the country will be forced to reexamine freedom of speech to meet the threat of terrorism.

"Gingrich, speaking at a Manchester awards banquet, said a 'different set of rules' may be needed to reduce terrorists' ability to use the Internet and free speech to recruit and get out their message."
Mike Gravel on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: Senator Gravel has pledged that if elected President, he will immediately move to vanquish the Military Commissions Act of 2006.
Citations:
1. Gravel Calls For Congress to end Torture (8/29/07)
Senator Gravel reaffirmed his pledge that if elected President, he will immediately move to vanquish the Military Commissions Act of 2006, signed into law by George Bush, which has made it legal for the C.I.A. to continue operating torture facilities in undisclosed, foreign countries, and for the writ of habeas corpus to be suspended for individuals who are designated "enemy combatants."
Mike Huckabee on The Military Commissions Act of 2006 More on this candidate
Stance: Supports
Description: Huckabee warned against releasing its prisoners. "If we let somebody out and it turns out that they come and fly an airliner into one of our skyscrapers, we're going to be asking how come we didn't stop them, we had them detained," he said. "If we're going to make a mistake right now, let's make it on the side of protecting the American people."
Citations:
1. Huckabee Says Guantanamo Bay Offers Better Conditions to Detainees Than Most U.S. Prisons (8/29/07)
Huckabee, who has visited Guantanamo, says the facility is better than some prisons in the United States and that some U.S. prisoners would "love to be in a facility more like Guantanamo." Huckabee in June 2007 also warned against releasing its prisoners. "If we let somebody out and it turns out that they come and fly an airliner into one of our skyscrapers, we're going to be asking how come we didn't stop them, we had them detained," he said. "If we're going to make a mistake right now, let's make it on the side of protecting the American people."
Duncan Hunter on The Military Commissions Act of 2006 More on this candidate
Stance: Introduced and Sponsored original version The Military Commissions Act (H.R. 6054)
Description: H.R.6054:

Title: To amend title 10, United States Code, to authorize trial by military commission for violations of the law of war, and for other purposes.

Sponsor: Rep Hunter, Duncan [CA-52] (introduced 9/12/2006) Cosponsors (19)

Related Bills: H.R.6166, S.3861, S.3886, S.3901, S.3929, S.3930

Latest Major Action: 9/25/2006 Placed on the Union Calendar, Calendar No. 409.

House Reports: 109-664 Part 1, 109-664 Part 2

Note: For further action, see S.3930, which became Public Law 109-366 on 10/17/2006.
Citations:
1. H.R.6054 (8/30/07)
H.R.6054
Title: To amend title 10, United States Code, to authorize trial by military commission for violations of the law of war, and for other purposes.
Sponsor: Rep Hunter, Duncan [CA-52] (introduced 9/12/2006) Cosponsors (19)
Related Bills: H.R.6166, S.3861, S.3886, S.3901, S.3929, S.3930
Latest Major Action: 9/25/2006 Placed on the Union Calendar, Calendar No. 409.
House Reports: 109-664 Part 1, 109-664 Part 2
Note: For further action, see S.3930, which became Public Law 109-366 on 10/17/2006.
2. Claim: Gitmo closure would aid terrorists (8/29/07)
"Once these detainees are brought onto U.S. soil, the detainees may acquire minimal rights under the Constitution, in particular, the right to habeas corpus. This change in status will inevitably spawn a completely new round of litigation," Hunter said in a statement.
Dennis Kucinich on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: Kucinich voted against the Military Commissions Act of 2006.
Citations:
1. Democrats may seek Guantanamo shutdown (8/29/07)
"You could close Guantanamo; that's a good move - but until the United States ends the occupation (of Iraq), we will still have this war," said Rep. Dennis Kucinich, D- Ohio.
John McCain on The Military Commissions Act of 2006 More on this candidate
Stance: Supports
Description: McCain sponsored anti-torture legislation, the Detainee Treatment Act of 2005, and was a primary backer of the Military Commissions Act of 2006.
Citations:
1. Detainee Treatment Act of 2005 (8/29/07)
McCain sponosored this
2. Detainee Treatment Act of 2005 (8/29/07)
McCain sponosored this
Barack Obama on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: Obama voted against the Military Commissions Act of 2006.
Citations:
1. Obama Says Gitmo Facility Should Close (8/29/07)
"While we're at it," he said, "we're going to close Guantanamo. And we're going to restore habeas corpus. ... We're going to lead by example _ by not just word but by deed. That's our vision for the future."
2. Remarks of Obama on the Military Commission Legislation (8/29/07)
And instead of not just suspending, but eliminating, the right of habeas corpus - the seven century-old right of individuals to challenge the terms of their own detention, we could have given the accused one chance - one single chance - to ask the government why they are being held and what they are being charged with.
Ron Paul on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: "Right now we don't have concentration camps, but . . . the authority has been given so that concentration camps can come without Habeas Corpus." He then said, "If they can lock you up, what good is freedom of speech or what good is a gun?" - Ron Paul
Citations:
1. Paul Against Military Commissions Act (8/29/07)
In an interview with nationally syndicated radio talk show host Alex Jones, Rep. Ron Paul of Texas recently discussed President Bush's support for the Military Commissions Act. During the interview, Paul said that "the law officially allows for citizen concentration camp facilities."

Paul also warned that "the Military Commissions Act and the Defense Authorization Act . . . essentially wipes out Habeas Corpus."

Paul continued by noting, "Right now we don't have concentration camps, but . . . the authority has been given so that concentration camps can come without Habeas Corpus." He then said, "If they can lock you up, what good is freedom of speech or what good is a gun?"
Bill Richardson on The Military Commissions Act of 2006 More on this candidate
Stance: Opposes
Description: Richardson has said if he were president he'd "follow the Constitution" bring back habeas corpus.
Citations:
1. Richardson deflects criticism of campaign gaffes (10/4/07)
He said he'd "follow the Constitution," bring back habeas corpus and shut down Guantanamo.
Mitt Romney on The Military Commissions Act of 2006 More on this candidate
Stance: Supports
Description: "I want them on Guantanamo, where they don't get the access to lawyers they get when they're on our soil. I don't want them in our prisons. I want them there." - Mitt Romney
Citations:
1. Republican Debate Transcript, South Carolina (8/29/07)
Now we're going to -- you said the person's going to be in Guantanamo. I'm glad they're at Guantanamo. I don't want them on our soil. I want them on Guantanamo, where they don't get the access to lawyers they get when they're on our soil. I don't want them in our prisons. I want them there.
Tom Tancredo on The Military Commissions Act of 2006 More on this candidate
Stance: Supports
Description: Tancredo voted for the Military Commissions Act of 2006.
Citations:


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