...o hino americano de virar piada.
The Act changes pre-existing law to explicitly disallow the invocation of the Geneva Conventions when executing the writ of habeas corpus or in other civil actions [Act sec. 5(a)]. This provision applies to all cases pending at the time the Act is enacted, as well as to all such future cases.
If the government chooses to bring a prosecution against the detainee, a military commission is convened for this purpose. The following rules are some of those established for trying alien unlawful enemy combatants.
Certain sections of the Uniform Code of Military Justice are deemed inapplicable - including some relating to a speedy trial [10 U.S.C. sec. 948b(d)(1)(A)], compulsory self-incrimination [10 U.S.C. sec. 948b(d)(1)(B)], and pre-trial investigation [10 U.S.C. sec. 948b(d)(1)(C)].
A civilian defense attorney may not be used unless the attorney has clearance to view materials classified Secret. [10 U.S.C. sec. 949c(b)(3)(D)]
Based on his findings, the judge may introduce hearsay evidence [10 U.S.C. sec. 949a(b)(2)(E)(i)], evidence obtained without a search warrant [10 U.S.C. sec. 949a(b)(2)(B)], evidence obtained when the degree of coercion is disputed [10 U.S.C. sec. 948r(d)], or classified evidence not made available to the defense [10 U.S.C. sec. 949d(f)(2)(B)].
A finding of Guilty by a particular commission requires only a two-thirds majority of the members of the commission present at the time the vote is taken [10 U.S.C. sec. 949m(a)]
No defendant may invoke the Geneva Conventions in legal proceedings on the defendant's behalf. [Act sec. 5(a)]
The President determines “the meaning and application” of the Geneva Conventions banning the torture of prisoners. [Act sec. 6(a)(3)(A)]
The accused may be tried for the same offense a second time “with his consent” [10 U.S.C. sec. 949h(a)].
If the military commission returns a finding of Not Guilty, its convening authority is not required to take action on the findings. [10 U.S.C. sec. 950b(c)(3)]