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In June 2006, the Court reacted. In Hamdan v. Rumsfeld, it held that federal courts retain jurisdiction over habeas cases. Military commissions lack "the power to proceed because (their) structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions."
In response, Congress passed the 2006 Military Commissions Act (MCA). It granted extraordinary unconstitutional powers. Guantanamo detainees lost all rights. It let presidents declare anyone (including US citizens) "unlawful enemy combatant(s)."
The 2009 Military Commissions Act called them "unprivileged enemy belligerent(s)." Language changed, not intent or lawlessness.
MCA grants sweeping police state powers. It states that "no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause for action whatsoever....relating to the prosecution, trial, or judgment of a military commission (including) challenges to (their) lawfulness...."
"Any person is punishable... who....aids, abets, counsels, commands....procures" or helps a foreign enemy, provide "material support" to alleged terrorist groups, engages in spying, or commits other offenses previously handled in civil courts.
No evidence is needed. Those charged are guilty by accusation. Judicial fairness is denied.
On June 11, The New York Times headlined "Justices Reject Detainees' Appeal, Leaving Cloud Over Earlier Guantanamo Ruling," saying:
It "refused to hear appeals from seven men held at Guantanamo....passing up an opportunity to clarify its (2008) decision...."
Human rights groups expressed alarm. More on that below.
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