Well, I plan to do further research on this, but I’m not convinced that what you were told at prayer meeting is completely true. Here is why:
I looked up, and read, the Military Commissions Act of 2006 (MCA). In it, there are definitions provided for those that the government and military can try through a military commission. These definitions are: Section 948a. Definitions
“In this chapter:
“(1) UNLAWFUL ENEMY COMBATANT.—(A) The term ‘unlawful enemy combatant’ means—
“(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associates forces); or
“(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.
“(B) CO-BELLIGERENT.—In this paragraph, the term ‘co-belligerent’, with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy.
“(2) LAWFUL ENEMY COMBATANT.—The term ‘lawful enemy combatant’ means a person who is—
“(A) a member of the regular forces of a State party engaged in hostilities against the United States;
“(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or
“(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.
“(3) ALIEN.—The term ‘alien’ means a person who is not a citizen of the United States.
Now, with that, I continued to read about the process of trying these individuals in a military commission. Here are some excerpts from what I read:Section 948q. Charges and specifications
“(a) CHARGES AND SPECIFICATIONS. —Charges and specifications against an accused in a military commission under this chapter shall be signed by a person subject to chapter 47 of this title under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state—
“(1) that the signer has personal knowledge of, or reason to believe, the matters set forth therein; and
“(2) that they are true in fact tot he best of the signer’s knowledge and belief.
“(b) NOTICE TO ACCUSED.—Upon the swearing of the charges and specifications in accordance with subsection (a), the accused shall be informed of the charges against him as soon as practicable.
Section 948s. Service of Charges
“The trial counsel assigned to a case before a military commission under this chapter shall cause to be served upon the accused and military defense counsel a copy of the charges upon which trial is to be had. Such charges shall be served in English and, if appropriate, in another language that the accused understands. Such service shall be made sufficiently in advance of trial to prepare a defense.
Section 949d. Sessions
“(b) PROCEEDINGS IN PRESENCE OF ACCUSED.—Except as provided in subsections (c) and (e), all proceedings of a military commission under this chapter, including any consultation of the members with the military judge or counsel, shall —
“(1) be in the presence of the accused, defense counsel, and trial counsel; and
“(2) be made a part of the record.
[Subsection (c) states that if a vote is to take place only the members may be present. Subsection (e) states if the accused persists in conduct that justifies exclusion from the courtroom, even after warning from the judge, the accused can be excluded from the proceedings.]
From what I can gather, it seems that the above-mentioned guidelines follow very closely to the court proceedings that are in place in the US now, and have been for some time.
Okay, after all of that, I continued to read until I got to pages 36 and 37, which is where I found the only mentions of habeas corpus. Basically, the change to habeas corpus only affects 28 USC 2241(e), where the prior subsections (e) added are stricken and a new subsection (e) is added. In short, Under the MCA, the law restricts habeas appeals for only those aliens detained as enemy combatants, or awaiting such determination. Left unchanged is the provision that, after such determination is made, it is subject to appeal in U.S. Court, including a review of whether the evidence warrants the determination. If the status is upheld, then their imprisonment is deemed lawful; if not, then the government can change the prisoner's status to something else, at which point the habeas restrictions no longer apply.
(Wikipedia, 2007).
The rest of 28 USC 2241 concerning habeas corpus remains unchanged and in effect. From that, it seems that claims or our rights as US citizens being taken away are erroneous. While I can see the concern that exists, it seems (to me) to be slightly unfounded.
Now, I could be wrong about my determination, so if anyone has further information or proof to offer, please let me know so I can do some more looking. If anyone is interested in reading the MCA, here’s the link:http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:s3930enr.txt.pdf