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-- House Resolution 10, 9/11 Recommendations Implementation Act: Torture? (http://asylumnation.com/asylum/showthread.php?threadid=37739)


Posted by zim on 10-16-2004 05:56 AM:

House Resolution 10, 9/11 Recommendations Implementation Act: Torture?

http://thomas.loc.gov/cgi-bin/query/z?c108:h.r.10:

quote:
Mr. HASTERT (for himself, Mr. DELAY, Mr. BLUNT, Ms. PRYCE of Ohio, Mr. HOEKSTRA, Mr. HUNTER, Mr. YOUNG of Florida, Mr. SENSENBRENNER, Mr. HYDE, Mr. TOM DAVIS of Virginia, Mr. OXLEY, Mr. DREIER, Mr. COX, Mr. THOMAS, Mr. NUSSLE, Mr. BOEHNER, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select), and in addition to the Committees on Armed Services, Education and the Workforce, Energy and Commerce, Financial Services, Government Reform, International Relations, the Judiciary, Rules, Science, Transportation and Infrastructure, Ways and Means, and Select Homeland Security, 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

To provide for reform of the intelligence community, terrorism prevention and prosecution, border security, and international cooperation and coordination, and for other purposes.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. ...
quote:
SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR TERRORISTS AND CRIMINALS.

(a) Regulations-

(1) REVISION DEADLINE- Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall revise the regulations prescribed by the Secretary to implement the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984.

(2) EXCLUSION OF CERTAIN ALIENS- The revision--

(A) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) (as amended by this title), including rendering such aliens ineligible for withholding or deferral of removal under the Convention; and

(B) shall ensure that the revised regulations operate so as to--

(i) allow for the reopening of determinations made under the regulations before the effective date of the revision; and

(ii) apply to acts and conditions constituting a ground for ineligibility for the protection of such regulations, as revised, regardless of when such acts or conditions occurred.

(3) BURDEN OF PROOF- The revision shall also ensure that the burden of proof is on the applicant for withholding or deferral of removal under the Convention to establish by clear and convincing evidence that he or she would be tortured if removed to the proposed country of removal.

(b) Judicial Review- Notwithstanding any other provision of law, no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).

SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.

(a) In General- Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended--

(1) in paragraph (1)--

(A) in each of subparagraphs (A) and (B), by striking the period at the end and inserting `unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.'; and

(B) by amending subparagraph (C) to read as follows:

`(C) ALTERNATIVE COUNTRIES- If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security shall remove the alien to--

`(i) the country of which the alien is a citizen, subject, or national, where the alien was born, or where the alien has a residence, unless the country physically prevents the alien from entering the country upon the alien's removal there; or

`(ii) any country whose government will accept the alien into that country.'; and

(2) in paragraph (2)--

(A) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';

(B) by amending subparagraph (D) to read as follows:

`(D) ALTERNATIVE COUNTRIES- If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security shall remove the alien to a country of which the alien is a subject, national, or citizen, or where the alien has a residence, unless--

`(i) such country physically prevents the alien from entering the country upon the alien's removal there; or

`(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.'; and

(C) by amending subparagraph (E)(vii) to read as follows:

`(vii) Any country whose government will accept the alien into that country.'.

(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date.
I've been reading the reccomendations of the 9/11 Commission and I havn't seen anywhere where it says we should make it easier to deport accused terrorists, without judicial jurisdiction lieing ANYWHERE, to nations to where they may undergo torture.

MSNBC.com had something about this, http://www.msnbc.msn.com/id/6185393/site/newsweek. What follows is not the entire article.
quote:
President Bush today distanced himself from his administration's quiet effort to push through a law that would make it easier to send captured terror suspects to countries where torture is used. The proposed law, recently tacked onto a much larger bill despite the fallout from last spring's interrogation scandal, is seen as an attempt to counter a recent Supreme Court decision that would free some terror detainees being held without trial.
In a letter published in The Washington Post, White House legal counsel Alberto Gonzales said the president "did not propose and does not support" a provision to the House bill that removes legal protections from suspects preventing their "rendering" to foreign governments known to torture prisoners. Gonzales said Bush "has made clear that the United States stands against and will not tolerate torture."

But John Feehery, spokesman for House Speaker Dennis Hastert, who introduced the bill last Friday, said the provision had actually been requested by the Department of Homeland Security. "For whatever reason," Feehery said, "the White House has decided they don't want to take this on because they're afraid of the political implications."

He said the provision, mainly laid out in Section 3032 and 3033 , was designed as a way of addressing the problem created by last summer's Supreme Court decision. The justices ruled that the administration couldn't detain people indefinitely without trial or charges. As a result, the government has ordered the release of suspects such as Yaser Hamdi, a dual citizen of the United States and Saudi Arabia who was captured in Afghanistan and held for three years as an enemy combatant.

Now, Feehery said, "we've got a situation where we've got these people in the country who ought not to be in the country. We have to release them because of the Supreme Court case. So Homeland Security wanted this provision."
It's passed in the House, and the Senate passed it's own version. I'm not sure if the Senates version has these clauses. The two legislative bodies are ironing out the differences. I'm looking for the Senate version, but cannot find it yet.
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Last edited by CHiPsJr on 11-09-2006 at 08:23 AM


Posted by GoFuckYourselves! on 10-16-2004 06:07 AM:

To remove the torturing of certain individuals (as a tool for protecting our citizenry) who we know to have information about terrorist attacks is insane!

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Posted by Nutrimentia on 10-16-2004 08:58 AM:

To become the devil to fight against him concedes defeat from get-go.

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Posted by Paint CHiPs on 10-16-2004 09:14 AM:

quote:
Originally posted by GoFuckYourselves!
To remove the torturing of certain individuals (as a tool for protecting our citizenry) who we know to have information about terrorist attacks is insane!


So "No cruel and unusual punishment" only applies SOME of the time?


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