S.576 - Restoring the Constitution Act of 2007

A bill to provide for the effective prosecution of terrorists and guarantee due process rights. view all titles (2)

All Bill Titles

  • Official: A bill to provide for the effective prosecution of terrorists and guarantee due process rights. as introduced.
  • Short: Restoring the Constitution Act of 2007 as introduced.

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Introduced
 
Senate
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House
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President
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02/13/07
 
 
 
 
 
 
 

Official Summary

Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things: (1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilia

Official Summary

Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things:
(1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilian military defense counsel;
(2) exclude statements made by coercion;
(3) authorize the Secretary of Defense to make exceptions to commission procedures and rules of evidence as required by unique circumstances of military or intelligence operations during hostilities;
(4) provide for self-representation by the accused, while requiring assistance by military defense counsel;
(5) authorize the military judge to order trial counsel to disclose to defense counsel the sources, methods, or activities in which witnesses or evidence against the accused was obtained;
(6) require commission decision review by the U.S. Court of Appeals for the Armed Forces rather than by the Court of Military Commission Review;
(7) provide the scope of review of detention-related decisions;
(8) repeal a provision of the Military Commissions Act of 2006 prohibiting invoking the Geneva Conventions (Conventions) or similar protocols in any habeas corpus or other action to which the United States is a party;
(9) require the President to notify other parties to the Conventions that the United States expects members of U.S. Armed Forces and other U.S. citizens detained in a conflict not of an international character to be treated in a manner consistent with the Conventions;
(10) include as War Crime offenses the denial of trial rights and the imposition of cruel, inhuman, or degrading treatment or punishment;
(11) restore habeas corpus for individuals detained by the United States; and
(12) provide for expedited judicial review of civil actions that challenges any provision of the Military Commissions Act of 2006.

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