one of my myspace friends posted about this and it occurred to me to post something also, just to be sure more people see it (different circle of friends and all)
under the new act, signed by president bush yesterday:
If the government chooses to bring a prosecution against the detainee, a military commission is convened for this purpose. The following rules are some of those established for trying unlawful enemy combatants who are not citizens of the United States. [Sec.948b (a)] The Act does exclude these rules from being applied when trying unlawful enemy combatants who are American citizens, per sections 948b(a) and 948c.Certain sections of the Uniform Code of Military Justice are deemed inapplicable - including some relating to a speedy trial [Sec.948b (d)(1)(A)], compulsory self-incrimination [Sec.948b (d)(1)(B)], and pre-trial investigation [Sec.948b (d)(1)(C)]. A civilian defense attorney may not be used unless they have clearance to view materials classified Secret. [Sec.949c(b)(3)(D)] Based on his findings, the judge may introduce hearsay evidence [Sec.949a(b)(2)(E)(i)], evidence obtained without a search warrant [Sec.949a(b)(2)(B)], evidence obtained when the degree of coercion is disputed [Sec.948r (d)], or classified evidence not made available to the defense [Sec.949d(f)(2)(B)]. A finding of Guilty requires only a 2/3 majority [Sec.949m(a)] No defendant may invoke the Geneva Conventions in legal proceedings on their behalf. [Section 5(a)] The President determines “the meaning and application” of the Geneva Conventions banning the torture of prisoners. [Sec.6 (a)(3)(A)] The accused may be tried for the same offense a second time “with his consent” [Sec.949h(a)]. If the military commission returns a finding of Not Guilty, its convening authority is not required to take action on the findings. [Sec.950b(c)(3)]
no, you (or anyone) can be arrested and held indefinitely. you're attorney, if you are allowed to have one, won't necessarily be shown the evidence against you. you may be tortured if you aren't cooperative enough (or if the guard is in a bad mood, i suppose). and if, by some fluke of fate and luck, you are found not guilty, that doesn't mean anyone has to actually let you go free
good times, these we're living in, eh?