This is upholding the twice written (and passed) by Congress Military Commission Act of 2006, Phillybits.
The law was written that they first come before a military tribunal, then can appeal to the courts within a limited window of opportunity. Rather generous treatment for non-residents held in an overseas facility with no US citizenship or assets. Also generous considering they were picked up on battlefields, shooting at our guys.
Link above is to Thomas with roll calls, text and specifics. To summarize for you, it passed the Senate with a 65 yea -34 nae vote. Passed the house with a 250 yea - 170 nae vote. Which I believe you will find is a slightly better spread than the 2007 Congress' recent non-binding resolution.
You may also note that with the make up of the 2006 Congress, that vote roll call included many defecting Dems.
Thus, you may wish to take up your anger with your boys and girls in Congress, as they are responsible for the "unAmerican" legislation, as you call it.
However, you will be thrilled to hear Leahy and usual suspects are on the warpath to rewrite it for the third time - this time favoring the Gitmo members. How that comes out will be anyone's guess. The mid-term elections produced more moderate Dem winners. Whether or not the newbies can be intimidated - or blackmailed with favorable committee appts as the carrot - into supporting such legislation is yet to be seen.
"The law was written that they first come before a military tribunal, then can appeal to the courts within a limited window of opportunity."
Wrong mataharley, Wrong.
"Thus, you may wish to take up your anger with your boys and girls in Congress, as they are responsible for the "unAmerican" legislation, as you call it."
We did! It was called the 2006 elections. Your side lost.
"The mid-term elections produced more moderate Dem winners."
Yeah right. Leahy's not a lefty. Jim Webb doesn't spout economic populism and slam NAFTA. John Conyers isn't one of the most liberal members of the house. Neither is Barney Frank.
Dream on MataHarley, dream on.
"This is upholding the twice written (and passed) by Congress Military Commission Act of 2006, Phillybits."
Where do you get the idea that just because congress passed a law that the law itself is good? I can think of numerous laws passed by congress that in retrospect were horrible. The fugitive slave act for example. The internment act. Alcohol prohibition. Plessy v. Ferguson (separate but equal).
And it's your boys and girls responsible for that odious legislation, MH. No one at this site is ignorant of the way the GOP systematically shut the democrats out of committees, decision making, and amending legislation. And some of your boys, like that hero Arlen Specter, declared the bill unconstitutional before voting for it. Oh, and your boy Specter is backing Dodd's attempt to repeal it.
How old are you MH?
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