We are reforming military commissions, and we will pursue a new legal regime to detain terrorists.
The first thing that is good is that there actually are going to be military commissions.
Representative-Elect MURPHY: I think, you know, there's five things with the Military Commissions Act.
They question the constitutionality of the Military Commissions Act, passed by Congress in October 2006.
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The Military Commissions Act, this law that Congress passed last summer, threw out those cases.
There is a facility there at Thomson that could be used for military commissions.
And it undermined a trial that was supposed to showcase the new Military Commissions Act.
The military commissions regimen established for use at Guantanamo was designed with such considerations in mind.
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The Military Commissions Act removed this ambiguity and ordered a stop to all habeas petitions.
America decided to pursue a two-track model: The use of military commissions and civilian trials.
White House spokesman Robert Gibbs countered that military commissions have a long history in the United States.
Many family members pressed for Guantanamo to remain open and for the military commissions to go forward.
Meanwhile, the administration is pressing ahead with its plans to try some detainees before special military commissions.
"These military commissions are inherently illegitimate, unconstitutional and incapable of delivering outcomes we can trust, " said Anthony D.
Amongst those four is this fellow from the Pentagon that runs the whole military commissions down at Guantanamo.
Military commissions have a history in the United States dating back to George Washington and the Revolutionary War.
Four justices in the Hamdan majority joined Stephen Breyer's concurrence, which expressly invited Congress to authorize military commissions.
So the Military Commissions Act came about after the Supreme Court ruled on that first set up of procedures.
But he thinks that the law, as written - the Military Commissions Act - was just flat out unconstitutional.
"The military commissions are fundamentally flawed and can't be fixed, " said Army Maj.
In addition to offering more robust protection of national security, military commissions are fully capable of meting out justice.
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Soon after the attacks, Mr Bush issued his executive order permitting military commissions outside the purview of the courts.
He also halted the Bush-era military commissions, saying the US was entering a new era of respecting human rights.
Even though it says it in the Military Commissions Act they take it away, they can't just take that away.
C. has upheld a major provision of the Military Commissions Act covering the treatment of detainees at Guantanamo Bay, Cuba.
The President always talked about military commissions that were structured properly, that protected the rights of those that were detained.
The official also said the administration expects that some detainees will not be tried in U.S. civilian courts or military commissions.
The second category of cases involves detainees who violate the laws of war and are therefore best tried through military commissions.
The notion that they didn't have military commissions is moot -- as the Vice President has to agree with this weekend.
The anti-antiterror lobby would be rewarded with the end of Guantanamo and military commissions, which probably means trying terrorists in civilian courts.
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