tag:blogger.com,1999:blog-6427940.post7547716270896362046..comments2023-12-05T07:50:19.855-05:00Comments on No Oil for Pacifists: "Oceana Was Always At War With Eurasia" of the Day@nooil4pacifistshttp://www.blogger.com/profile/16688417615117569825noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6427940.post-84119903093820082492009-05-24T19:24:41.354-04:002009-05-24T19:24:41.354-04:00OBH:
Under the Military Commissions Act of 2006 (...OBH:<br /><br />Under the <A HREF="http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ366.109" REL="nofollow">Military Commissions Act of 2006</A> (Pub. L. No. 109-366, 120 Stat. 2600 (Oct. 17, 2006)), enacted in response to the Supreme Court's <I>Hamdan v. Rumsfeld</I> decision, the detainee's right to counsel is addressed in the provision codified at 10 U.S.C. Section 949c(b): <br /><br /><br />"Defense Counsel.--(1) The accused shall be represented in his defense before a military commission under this chapter as provided in this subsection.<br />(2) The accused shall be represented by military counsel detailed under section 948k of this title.<br />(3) The accused may be represented by civilian counsel if retained by the accused, but only if such civilian counsel--<br />(A) is a United States citizen;<br />(B) is admitted to the practice of law in a State, district, or possession of the United States or before a Federal court;<br />(C) has not been the subject of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct;<br />(D) has been determined to be eligible for access to classified information that is classified at the level Secret or higher; and<br />(E) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of court for conduct during the proceedings. . .<br /><br />(5) If the accused is represented by civilian counsel, detailed military counsel shall act as associate counsel."@nooil4pacifistshttps://www.blogger.com/profile/16688417615117569825noreply@blogger.comtag:blogger.com,1999:blog-6427940.post-81189456187523751202009-05-23T10:52:30.647-04:002009-05-23T10:52:30.647-04:00> -- the right to counsel -- both to a military...> -- the right to counsel -- both to a military lawyer provided at the expense of the American taxpayer and to a private attorney if the combatant chooses to retain one;<br /><br />Carl, please explain this one. I thought one of the issues with Gitmo was that it potentially denied the above, at least in "the attorney of your choice", as a result of the Lynne Stewart problem --- or is this a limitation: you can have a private attorney but the government gets to say "no"?<br /><br />I'm sure you're completely correct somehow, I just want to understand where my perception, or my interpretation, is incorrect.OBloodyHellhttps://www.blogger.com/profile/09992539380115488567noreply@blogger.comtag:blogger.com,1999:blog-6427940.post-28950261138179414802009-05-21T20:14:37.031-04:002009-05-21T20:14:37.031-04:00Irritated, yes. But still alive. And so--along w...Irritated, yes. But still alive. And so--along with you and Rove--able to disseminate and discuss his dishonesty.@nooil4pacifistshttps://www.blogger.com/profile/16688417615117569825noreply@blogger.comtag:blogger.com,1999:blog-6427940.post-72193097517210342922009-05-21T19:51:03.667-04:002009-05-21T19:51:03.667-04:00This is a plus/minus for me. I am pleased that Ob...This is a plus/minus for me. I am pleased that Obama gets it when confronted with the actual security briefings and real choices. I remain irritated that he was elected on the basis of dishonest statements.Assistant Village Idiothttps://www.blogger.com/profile/01978011985085795099noreply@blogger.com