You guys have no idea how totally and deliberately unreadable your legislation is - it's obfustication for the sake of it. I'm used to reading UK legislation which is a model of clarity by comparison. Seriously, this stuff is written in this style just to disguise its effect from public scrutiny.
The video clip was recorded on 28th September 2006.
The legislation was finally passed on October 17, 2006: "Military Commission Act Becomes Law; Authorizes Torture, Restricts Fundamental Legal Rights". It's discussed at
http://www.cooperativeresearch.org/enti ... is_hastert (floppy and I both ended up near the same discussion since it's got a lot of detail and it bubbles high on Google) Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials — perhaps including President Bush himself — from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability.
So you can see the opacity of the text, here's the clause:(2) RETROACTIVE APPLICABILITY.—The amendments made
by this subsection, except as specified in subsection (d)(2)(E)
of section 2441 of title 18, United States Code, shall take
effect as of November 26, 1997, as if enacted immediately
after the amendments made by section 583 of Public Law
105–118 (as amended by section 4002(e)(7) of Public Law 107–273).
and the larger component referred to as "this subsection" starts with the words(b) REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL CODE.—
(1) IN GENERAL.—Section 2441 of title 18, United States Code, is amended—
(A) in subsection (c), by striking paragraph (3) and
inserting the following new paragraph (3):
‘‘(3) which constitutes a grave breach of common Article
3 (as defined in subsection (d)) when committed in the context
of and in association with an armed conflict not of an inter-
national character; or’’; and
(B) by adding at the end the following new subsection:
‘‘(d) COMMON ARTICLE 3 VIOLATIONS.—
‘‘(1) PROHIBITED CONDUCT.—In subsection (c)(3), the term
‘grave breach of common Article 3’ means any conduct (such
conduct constituting a grave breach of common Article 3 of
the international conventions done at Geneva August 12, 1949),
as follows:
I've attached a PDF of the entire Military Commission Act 2006 - you'll find it has a lot of definitions of what's considered torture, together with the immunity from foreign courts and the backdated provisions for US courts.
As a bonus, here's a subsequent attempt at revoking the immunity provisions which never got further than being tabled for discussion:
109th CONGRESS 2d Session H. R. 6381
To repeal Public Law No: 109-366, the Military Commissions Act of 2006, signed into law October 17, 2006.
IN THE HOUSE OF REPRESENTATIVES, December 6, 2006
Ms. MCKINNEY introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary and International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL To repeal Public Law No: 109-366, the Military Commissions Act of 2006, signed into law October 17, 2006.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Congress hereby fully repeals Public Law 109-366, the Military Commissions Act of 2006, signed into law October 17, 2006 and any appropriations approved to implement it, or changes to other statutes related to its adoption into law.I doubt whether it was even mentioned in session. At least someone tried.
Attached files mca2006.pdf (129.4 KB)