detainee treatment act 2005

• The Detainee Treatment Act of 2005: embodying U.S. values to eliminate detainee abuse by civilian contractors and bounty hunters in Afghanistan and Iraq.

ABSTRACT The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the curre...

• Vanderbilt Journal of Transnational Law
• Vol. 39 Nbr. 5, November 2006

• Decision Will Cause More Americans to Be Killed

A mere two terms ago in Hamdan v. Rumsfeld, when the court held (quite amazingly) that the Detainee Treatment Act of 2005 had not stripped habeas jurisdiction over Guantanamo petitioners' claims, four members of today's five-Justice majority joined an opinion saying the following: Nothing prevents the President from returning to Congress to seek the authority [for trial by military commission] he believes necessary.

• Human Events
• August 27, 2009

• Boumediene v. Bush, 553 U.S. (2008)

...'s motion to dismiss, holding that the detainees had no rights that could be vindicated in a habeas... pending, Congress passed the Detainee Treatment Act of 2005 (DTA), §1005(e) of which amended 28 U...

• U.S. Supreme Court

• [ Inside Politics ]

'Legal contortions' A primary sponsor of the Detainee Treatment Act, the 2005 law at the center of the Supreme Court's Hamdan decision, says Justice John Paul Stevens engaged in 'legal contortions' and turned the record of Congress' deliberations 'upside down' in the Court's 5-3 decision against the Bush administration's plan to use military commissions to try suspected terrorists," Byron York writes at National Review Online (NRO) (www.nationalreview.com).

• The Washington Times
• July 10, 2006

• Defense Federal Acquisition Regulation Supplements:

...Interrogation of Detainees by Contractor Personnel (DFARS Case 2010-. D027). ..., including the requirement for humane treatment during all intelligence interrogations, and speaks...``The Detainee Treatment Act of 2005.'' Accordingly, no change has been made to the DFA...

• FR, July 25, 2011
• Rules
• Defense Acquisition Regulations System

• Dangerous Overreach ; Rights for Foreign Terror Suspects

On Thursday June 12, 2008, a narrow five-member majority struck down the Detainee Treatment Act of 2005, the so-called military tribunals' law.This law was passed by Congress to set up procedures for the legal treatment of unlawful enemy combatants in order to prevent terrorists from flooding our federal courts.Not only does the decision in the case, Boumediene v. Bush, run contrary to precedent and the Constitution, but it is yet another dangerous example of the judiciary usurping the constitutional authority of the political branches of government. Most importantly, this ruling stands sharply at odds with the national-security reality that Americans face: We are in a global war with terrorists who seek to destroy our country and our way of life. This threat is real. They have attacked...

• The Washington Times
• June 16, 2008

• Ignorance of the Law

The courtroom was, surprisingly, not full, but among those in attendance there was no doubt they were witnessing a historic event, a defining moment in the ever-shifting balance of power among branches of government that ranked with the court's order to President Richard M. Nixon in 1974 to turn over the Watergate tapes.... What the court ruled in Hamdan was merely this: * The Detainee Treatment Act of 2005, which stripped federal courts of the jurisdiction to hear detainees' petitions under a habeas corpus statute, did not apply to petitions filed before the 2005 law was passed. * The Geneva Conventions afford some protection to unlawful enemy combatants who are not waging war on behalf of a state.

• American Spectator, The
• Vol. 40 Nbr. 6, July 2007

• Mccain Capitulates to Bush On Torture

On April 23, the National Consortium of Torture Treatment programs - including 34 programs that care for "victims of politically motivated torture" - awarded Sen. John McCain its 2006 Human Rights Visionary Award for his "tireless work to pass the McCain Anti-Torture Amendment." Omitted was McCain's disturbing silence after his amendment was made meaningless to prisoners at Guantanamo Bay when President George W. Bush signed the Detainee Treatment Act of 2005 in December. That law strips these prisoners of the habeas corpus rights provided them in the U.S. Supreme Court's ruling in Rasul et al. v. Bush in 2004. Accordingly, no matter how harsh these detainees' conditions of confinement are, they have no recourse to our courts. For example, during the brutal force-feeding of prisoners on...

• Columbia Daily Tribune
• May 23, 2006

• Too Important for Electioneering

President Bush's maneuver to prosecute 14 "high value" al Qaeda detainees for alleged war crimes before Spanish Inquisitionlike military tribunals would stain justice without benefit to the national security. Congress should amend Mr. Bush's proposed legislation to prohibit secret evidence or the admission of coerced statements unless the interrogator reasonably believed the coercion was legal. Justice is . Until last week, the al Qaeda 14, including Khalid Sheikh Mohammad, Abu Zubaydah, and Ramzi bin al-Shibh, had been detained in CIA prisons abroad as illegal combatants. The U.S. Supreme Court had sustained the president's indefinite detention authority in Hamdi v. Rumsfeld (2003) but required that the alleged illegal combatants enjoy an opportunity to ...

• The Washington Times
• September 19, 2006

• Coercion's common threads: addressing vagueness in the federal criminal prohibitions on torture by looking to state domestic violence laws.

... and cruel, inhuman, or degrading treatment. However, the federal criminal torture laws employ... guidance to persons in control of detainees, the torture statutes should be revised to prohibi... exception of the Detainee Treatment Act of 2005 ("DTA"). (32) This legislative failure to impose u...

• Michigan Law Review
• Vol. 109 Nbr. 5, March 2011