Bush Administration Response to Hamdan
on Jul 27, 2006 at 6:07 pm
Over on Balkinization, I’ve linked to a draft of the legislation that the Bush Administration is considering in response to Hamdan.
As I note over there, it’s fair to assume it’s a work in progress. There’s also reason to believe that this is not the entirety of the proposals — for one thing, Common Article 3 is discussed only in the Findings, not in any operative provisions. But it likely contains most of the draft proposals on military commissions — and even, for the first time, statutory detention authority, defined to cover all “enemy belligerents.”
On first glance, it does not appear to be limited to aliens, nor even to Al Qaeda and other groups and individuals covered by the September 18, 2001 AUMF — it covers any and all “enemy combatants” against the U.S. and its allies in any conflict, anywhere and at any time.
