Signed by President George Bush

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).

Full Bill Text

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).

Full Bill Text

Full Bill Text