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Dead Constitution
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Title: Court Challenge to New Detainee Law May Come In "Days"
Source: TPMuckraker/CQ
URL Source: http://www.tpmmuckraker.com/archives/001637.php
Published: Sep 29, 2006
Author: Challenge to New Detainee Law May Come I
Post Date: 2006-09-29 17:30:32 by Brian S
Keywords: None
Views: 89
Comments: 7

September 29, 2006, 1:02 PM

With President Bush poised to sign the White House-backed detainee treatment bill into law, groups are promising to challenge it in court "in days."

“I don’t think there’s a snowball’s chance in ‘H’ that this will be found constitutional,” Michael Ratner, president of the Center for Constitutional Rights, told Congressional Quarterly (sub. req.). CCR represents a number of Guantanamo prisoners.

Strangely, some senators who voted for the bill weren't convinced of its constitutionality.

Sen. Arlen Specter (R-PA), who voted for the bill even after his amendment to preserve certain rights for detainees was defeated, called the proposal "patently unconstitutional on its face," The Washington Post reported.

When CQ asked Sen. John McCain (R-AZ), who negotiated with the White House to win minor concessions on the legislation, if the bill was constitutional, he responded "I think so."

Post Comment   Private Reply   Ignore Thread  

#1. To: Brian S (#0)

Sen. Arlen Specter (R-PA), who voted for the bill even after his amendment to preserve certain rights for detainees was defeated, called the proposal "patently unconstitutional on its face," The Washington Post reported.

What a two-faced double talking lying WHORE.

IndieTX  posted on  2006-09-29   17:46:09 ET  Reply   Trace   Private Reply  

Sen. Arlen Specter (R-PA), who voted for the bill even after his amendment to preserve certain rights for detainees was defeated, called the proposal "patently unconstitutional on its face," The Washington Post reported.

Wow. So much for that oath to defend the constitution.

Hint. If you don't think it's constitutional, it is an act of extreme cowardice to vote for it, leaving it to someone else to fix.

Pussy.

the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, beg in the streets and steal bread.

bluedogtxn  posted on  2006-09-29   18:02:47 ET  Reply   Trace   Private Reply  

I'm still trying to find a copy of the signed law.

SKYDRIFTER  posted on  2006-09-29   18:31:41 ET  Reply   Trace   Private Reply  

I'm still trying to find a copy of the signed law.

Me, too. And the bill number, strangely absent in all the MSM reports. Does anyone have the HRB or SB#?

"A conclusion is the place where you got tired of thinking." -- Bloch

Nintendo of the Gods  posted on  2006-09-29   18:45:34 ET  Reply   Trace   Private Reply  

Me, too. And the bill number, strangely absent in all the MSM reports. Does anyone have the HRB or SB#?

The House resolution is HR 6166. The Senate bill is S 3930.

I don't know the number of the final "signed" bill.

SKYDRIFTER  posted on  2006-09-29   18:50:54 ET  Reply   Trace   Private Reply  

Me, too. And the bill number, strangely absent in all the MSM reports. Does anyone have the HRB or SB#?

http://thomas.loc.gov/cgi-bin/query/C? c109:./temp/~c109a9A3tp

That's the HR version; I can't find the final.

SKYDRIFTER  posted on  2006-09-29   19:04:11 ET  Reply   Trace   Private Reply  

Thanks for the info, Skydrifter. Also, when considering the new "terror detainee" bill, it is important for the observer to remember the nearly passed Oregon "terror" bill from 2003, sponsored by former Oregon Sen. John Minnis (R).

These ideas did not find their way into a State Congress by accident. The wording of the proposed bill should clearly illustrate to all Americans the REAL use of the concept of "terrorism" in our domestic legislation. For time considerations, I encourage the reader to skip to the parts outlined in bold.

72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } .

LC 2695

Senate Bill 742

Sponsored by Senator MINNIS

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.

Creates crime of terrorism. Punishes by life imprisonment.

A BILL FOR AN ACT Relating to terrorism; creating new provisions; and amending section 19, chapter 666, Oregon Laws 2001. Be It Enacted by the People of the State of Oregon:

SECTION 1. { + (1) A person commits the crime of terrorism if the person knowingly plans, participates in or carries out any act that is intended, by at least one of its participants, to disrupt:

(a) The free and orderly assembly of the inhabitants of the State of Oregon;

(b) Commerce or the transportation systems of the State of Oregon; or

(c) The educational or governmental institutions of the State of Oregon or its inhabitants.

(2) A person commits the crime of terrorism if the person conspires to do any of the activities described in subsection (1) of this section.

(3) A person may not be convicted of terrorism except upon the testimony of two witnesses to the same overt act or upon confession in open court.

(4)(a) A person convicted of terrorism shall be punished by imprisonment for life.

(b) When a person is convicted of terrorism under this section, the court shall order that the person be confined for a minimum of 25 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

(c) At any time after completion of a minimum period of confinement pursuant to paragraph (b) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing, the sole issue of which is to determine whether the prisoner is likely to be rehabilitated within a reasonable period of time. The board shall conduct the proceeding in the manner prescribed for a contested case hearing under ORS 183.310 to 183.550 except that:

(A) The prisoner has the burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time; and

(B) The prisoner has the right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense.

(d) If, upon hearing all of the evidence and upon a unanimous vote of all of its members, the board finds that the prisoner is capable of rehabilitation within a reasonable amount of time and that the terms of the prisoner's confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, the board shall enter an order to that effect and convert the terms of the prisoner's confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise, the board shall deny the relief sought in the petition.

(e) Not less than two years after the denial of the relief sought in a petition under paragraph (c) of this subsection, the prisoner may petition again for a change in the terms of confinement. Further petitions for a change may be filed at intervals of not less than two years thereafter. + } SECTION 2. { + Notwithstanding ORS 181.575 and 181.850, a law enforcement agency shall cooperate with any federal or state agency that is investigating an act of terrorism, and a law enforcement agency may retain any information relating to an investigation of terrorism as long as the investigation remains open. The Attorney General shall adopt rules governing the retention of such information. + } SECTION 3. Section 19, chapter 666, Oregon Laws 2001, as amended by section 5, chapter 696, Oregon Laws 2001, is amended to read:

{ + Sec. 19. + } The crimes to which section 1 (11)(b), chapter 666, Oregon Laws 2001, applies are:

(1) Bribe giving, as defined in ORS 162.015.

(2) Bribe receiving, as defined in ORS 162.025. (3) Public investment fraud, as defined in ORS 162.117. (4) Bribing a witness, as defined in ORS 162.265. (5) Bribe receiving by a witness, as defined in ORS 162.275. (6) Simulating legal process, as defined in ORS 162.355. (7) Official misconduct in the first degree, as defined in ORS 162.415. (8) Custodial interference in the second degree, as defined in ORS 163.245. (9) Custodial interference in the first degree, as defined in ORS 163.257. (10) Buying or selling a person under 18 years of age, as defined in ORS 163.537. (11) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670. (12) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684. (13) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686. (14) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687. (15) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688. (16) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689. (17) Theft in the second degree, as defined in ORS 164.045. (18) Theft in the first degree, as defined in ORS 164.055. (19) Aggravated theft in the first degree, as defined in ORS 164.057. (20) Theft by extortion, as defined in ORS 164.075. (21) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor. (22) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor. (23) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor. (24) Unauthorized use of a vehicle, as defined in ORS 164.135. (25) Mail theft or receipt of stolen mail, as defined in ORS 164.162. (26) Laundering a monetary instrument, as defined in ORS 164.170. (27) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172. (28) Burglary in the second degree, as defined in ORS 164.215. (29) Burglary in the first degree, as defined in ORS 164.225. (30) Possession of burglar's tools, as defined in ORS 164.235. (31) Unlawful entry into a motor vehicle, as defined in ORS 164.272. (32) Arson in the second degree, as defined in ORS 164.315. (33) Arson in the first degree, as defined in ORS 164.325. (34) Computer crime, as defined in ORS 164.377. (35) Robbery in the third degree, as defined in ORS 164.395. (36) Robbery in the second degree, as defined in ORS 164.405. (37) Robbery in the first degree, as defined in ORS 164.415. (38) Unlawful labeling of a sound recording, as defined in ORS 164.868.

(39) Unlawful recording of a live performance, as defined in ORS 164.869.

(40) Unlawful labeling of a videotape recording, as defined in ORS 164.872.

(41) A violation of ORS 164.877. (42) Endangering aircraft, as defined in ORS 164.885. (43) Interference with agricultural operations, as defined in ORS 164.887. (44) Forgery in the second degree, as defined in ORS 165.007. (45) Forgery in the first degree, as defined in ORS 165.013. (46) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017. (47) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022. (48) Criminal possession of a forgery device, as defined in ORS 165.032. (49) Criminal simulation, as defined in ORS 165.037. (50) Fraudulently obtaining a signature, as defined in ORS 165.042. (51) Fraudulent use of a credit card, as defined in ORS 165.055. (52) Negotiating a bad check, as defined in ORS 165.065. (53) Possessing a fraudulent communications device, as defined in ORS 165.070. (54) Unlawful factoring of a credit card transaction, as defined in ORS 165.074. (55) Falsifying business records, as defined in ORS 165.080.

(56) Sports bribery, as defined in ORS 165.085.

(57) Sports bribe receiving, as defined in ORS 165.090. (58) Misapplication of entrusted property, as defined in ORS 165.095. (59) Issuing a false financial statement, as defined in ORS 165.100. (60) Obtaining execution of documents by deception, as defined in ORS 165.102. (61) A violation of ORS 165.543. (62) Cellular counterfeiting in the third degree, as defined in ORS 165.577. (63) Cellular counterfeiting in the second degree, as defined in ORS 165.579. (64) Cellular counterfeiting in the first degree, as defined in ORS 165.581. (65) Identity theft, as defined in ORS 165.800. (66) A violation of ORS 166.190. (67) Unlawful use of a weapon, as defined in ORS 166.220. (68) A violation of ORS 166.240.

(69) Unlawful possession of a firearm, as defined in ORS 166.250.

(70) A violation of ORS 166.270. (71) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272. (72) A violation of ORS 166.275. (73) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350. (74) A violation of ORS 166.370. (75) Unlawful possession of a destructive device, as defined in ORS 166.382. (76) Unlawful manufacture of a destructive device, as defined in ORS 166.384. (77) Possession of a hoax destructive device, as defined in ORS 166.385. (78) A violation of ORS 166.410. (79) Providing false information in connection with a transfer of a handgun, as defined in ORS 166.416. (80) Improperly transferring a handgun, as defined in ORS 166.418. (81) Unlawfully purchasing a firearm, as defined in ORS 166.425. (82) A violation of ORS 166.429. (83) A violation of ORS 166.470. (84) A violation of ORS 166.480. (85) A violation of ORS 166.635. (86) A violation of ORS 166.638. (87) Unlawful paramilitary activity, as defined in ORS 166.660. (88) A violation of ORS 166.720. (89) Prostitution, as defined in ORS 167.007. (90) Promoting prostitution, as defined in ORS 167.012. (91) Compelling prostitution, as defined in ORS 167.017. (92) Exhibiting an obscene performance to a minor, as defined in ORS 167.075. (93) Unlawful gambling in the second degree, as defined in ORS 167.122. (94) Unlawful gambling in the first degree, as defined in ORS 167.127. (95) Possession of gambling records in the second degree, as defined in ORS 167.132. (96) Possession of gambling records in the first degree, as defined in ORS 167.137. (97) Possession of a gambling device, as defined in ORS 167.147.

(98) Possession of a gray machine, as defined in ORS 167.164.

(99) Cheating, as defined in ORS 167.167.

(100) Tampering with drug records, as defined in ORS 167.212. (101) A violation of ORS 167.262. (102) Research and animal interference, as defined in ORS 167.312. (103) Animal abuse in the first degree, as defined in ORS 167.320. (104) Aggravated animal abuse in the first degree, as defined in ORS 167.322. (105) Animal neglect in the first degree, as defined in ORS 167.330. (106) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352. (107) Involvement in animal fighting, as defined in ORS 167.355. (108) Dogfighting, as defined in ORS 167.365. (109) Participation in dogfighting, as defined in ORS 167.370. (110) Unauthorized use of a livestock animal, as defined in ORS 167.385. (111) Interference with livestock production, as defined in ORS 167.388. (112) A violation of ORS 167.390. (113) A violation of ORS 471.410. (114) Failure to report missing precursor substances, as defined in ORS 475.955. (115) Illegally selling drug equipment, as defined in ORS 475.960.

(116) Providing false information on a precursor substances report, as defined in ORS 475.965.

(117) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.991. (118) A violation of ORS 475.992, if it is a felony or a Class A misdemeanor. (119) A violation of ORS 475.993, if it is a felony or a Class A misdemeanor. (120) A violation of ORS 475.994. (121) A violation of ORS 475.995, if it is a felony or a Class A misdemeanor. (122) A violation of ORS 475.999 (1)(a). (123) Misuse of an identification card, as defined in ORS 807.430. (124) Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500. (125) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510. (126) Using an invalid license, as defined in ORS 807.580. (127) Permitting misuse of a license, as defined in ORS 807.590. (128) Using another's license, as defined in ORS 807.600.

(129) Criminal driving while suspended or revoked, as defined in ORS 811.182, when it is a felony.

(130) Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a felony.

(131) Unlawful distribution of cigarettes, as defined in { - section 3 of this 2001 Act - } { + ORS 323.482 + }. { + (132) Terrorism, as defined in section 1 of this 2003 Act.

+ } { - (132) - } { + (133) + } An attempt, conspiracy or solicitation to commit a crime in subsections (1) to { - (131) - } { + (132) + } of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor.

"A conclusion is the place where you got tired of thinking." -- Bloch

Nintendo of the Gods  posted on  2006-09-29   19:41:47 ET  Reply   Trace   Private Reply  

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