Update Bill S 3930: Passed

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Bill S 3930 has passed. Democrats say this bill has given President Bush too much power. Furthermore, Senate Minority Leader Harry Reid issued a statement concluding he is “convinced that future generations will view passage of this bill as a grave error.” You may wonder why the press has not been covering this important bill. Under this bill anyone could be considered an “enemy combatant.” I’m sure the media is scared to report the true facts and to criticize this bill as they could just disappear and be labeled an “enemy combatant.”

Under this bill, the Bush Administration now has the right to interpret the Geneva Convention. So what does that mean? Torture, yes torture can be used and is legal again. This is retroactive to Nov, 1997. Here is the exact language in Bill S 3930 that redefines the Geneva Conventions and its applicability:

Section 8, Implementation of Treaty Obligations
(2) RETROACTIVE APPLICABILITY- The amendments made by this subsection, except as specified in subsection (d)(2)(E) of section 2441 of title 18, United States Code, shall take effect as of November 26, 1997, as if enacted immediately after the amendments made by section 583 of Public Law 105-118 (as amended by section 4002(e)(7) of Public Law 107-273).


It was said that the big case on what one can and cannot do to detainees — Hamdan v. Rumsfeld 126 S.Ct. 2749 2006 (read this brief) decided earlier this year — rested on the fact that, basically, what the Bush Administration was doing was illegal. Now that the law has been changed, potentially every single previous abuse the Bush Administration was pursuing becomes legal again and Hamdan loses all of its effective force until the Supremes Court decides otherwise.
These are just some of the powers that were granted to President Bush.

1.) Notes the president has the authority to interpret “the meaning and application” of the Geneva Conventions. Allows hearsay evidence.

2.) Allows coerced testimony if the statement was acquired before a 2005 ban on cruel, inhuman or degrading treatment and a judge finds it to be reliable. Bans coerced statements taken after the 2005 ban went into effect if it violates constitutional definitions of cruel, inhuman or degrading treatment.

3.) Bars individuals from protesting violations of Geneva Conventions standards in court.

FYI: Anyone from any country could be considered an “enemy combatant.”

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