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Key Votes

S 3930 - Military Commissions Act of 2006 - Key Vote

National Key Votes

Jeff Fortenberry voted Yea (Passage) on this Legislation.

Read statements Jeff Fortenberry made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) - Became Public Law No. 109-366 -
Legislation - Bill Passed (House) (250-170) - (Key vote)

Title: Military Commissions Act of 2006

Vote Smart's Synopsis:

Vote to pass a bill that creates a military commission to try unlawful enemy combatants for violations of the laws of war and establishes rules for the conduct of these commissions.

Highlights:
  • Creates a military commission to try any offense committed by an "unlawful enemy combatant," which is defined as a non-US citizen who "purposefully and materially supported hostilities against the U.S. 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)" and is not affiliated with any legal army, militia, or government organization (Sec. 3).
  • Allows classified information to be used as evidence and prohibits the disclosure of classified information in the trials if it would be detrimental to national security (Sec. 3).
  • Allows evidence seized without a search warrant or other authorization to be used during the trial (Sec. 3).
  • Allows hearsay evidence as long as the adverse party is informed of it with sufficient time to produce evidence (Sec. 3).
  • Includes the following crimes committed by unlawful enemy combatants as "triable" by the military commissions: terrorism, attacking civilians or protected property, rape, intentionally mistreating a dead body, sexual assault or abuse, taking hostages, torture, murder in violation of the law of war, spying, and wrongfully aiding the enemy (Sec. 3).
  • Prohibits the use of statements obtained through torture in trial, except when the statement was received prior to the enactment of the Detainee Treatment Act of 2005 and a judge deems it admissible, or the confession was received using methods not defined as torture under the Detainee Treatment Act (Sec. 3).
  • States that no court has jurisdiction to consider an application of habeas corpus from any alien detainee (Secs. 3, 7).
  • Prohibits an enemy combatant from invoking the Geneva Convention (including the writ of habeas corpus) as a source of their rights (Sec. 5).
  • States that the President has the right to interpret and apply the Geneva Convention (Sec. 6).
Legislation - Bill Passed (Senate) (65-34) - (Key vote)

Title: Military Commissions Act of 2006

Vote Smart's Synopsis:

Vote to pass a bill that creates a military commission to try unlawful enemy combatants for violations of the laws of war and establishes rules for the conduct of these commissions.

Highlights:
  • Creates a military commission to try any offense committed by an "unlawful enemy combatant," which is defined as a non-US citizen who "purposefully and materially supported hostilities against the U.S. 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)" and is not affiliated with any legal army, militia, or government organization (Sec. 3).
  • Allows classified information to be used as evidence and prohibits the disclosure of classified information in the trials if it would be detrimental to national security (Sec. 3).
  • Allows evidence seized without a search warrant or other authorization to be used during the trial (Sec. 3).
  • Allows hearsay evidence as long as the adverse party is informed of it with sufficient time to produce evidence (Sec. 3).
  • Includes the following crimes committed by unlawful enemy combatants as "triable" by the military commissions: terrorism, attacking civilians or protected property, rape, intentionally mistreating a dead body, sexual assault or abuse, taking hostages, torture, murder in violation of the law of war, spying, and wrongfully aiding the enemy (Sec. 3).
  • Prohibits the use of statements obtained through torture in trial, except when the statement was received prior to the enactment of the Detainee Treatment Act of 2005 and a judge deems it admissible, or the confession was received using methods not defined as torture under the Detainee Treatment Act (Sec. 3).
  • States that no court has jurisdiction to consider an application of habeas corpus from any alien detainee (Secs. 3, 7).
  • Prohibits an enemy combatant from invoking the Geneva Convention (including the writ of habeas corpus) as a source of their rights (Sec. 5).
  • States that the President has the right to interpret and apply the Geneva Convention (Sec. 6).
Legislation - Introduced (Senate) -

Title: Military Commissions Act of 2006

Sponsors

Co-sponsors

  • William H. 'Bill' Frist (TN - R) (Out Of Office)
  • John William Warner (VA - R) (Out Of Office)
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