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Proposed Law Would Allow Gov’t to Indefinitely Detain U.S. Citizens

HeadlineJul 31, 2006

The Bush administration is proposing a new law that could allow the government to indefinitely detain U.S. citizens and bar them from access to civilian courts. The draft legislation is intended to authorize the Pentagon to try detainees by military tribunal. But some legal experts are warning that the bill would also allow the military to indefinitely detain so-called enemy combatants. The bill defines enemy combatants as anyone “engaged in hostilities against the United States or its coalition partners who has committed an act that violates the law of war and this statute.” According to the Associated Press, the administration’s proposal would toss out several legal rights common in civilian and military courts, including barring hearsay evidence, guaranteeing “speedy trials” and granting a defendant access to evidence. The proposal also would allow defendants to be barred from their own trial and likely allow the submission of coerced testimony.

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