6,874. 10/17/2006

“The Military Commissions Act of 2006 [signed by President Bush on October 17, 2006] explicitly authorized many aspects of the military commission regime that the Supreme Court had invalidated three months earlier. And it gave the President much more, including a broadened definition of ‘unlawful enemy combatant’; implicit approval for aggressive interrogations that crossed the prohibited line; narrowing interpretations of the Geneva Conventions and amendments to the War Crimes Act that minimized the impact of the Supreme Court’s decision; elimination of judicial habeas corpus review over Guantanamo; and a prohibition on the judicial use of the Geneva Conventions to measure the legality of Guantanamo detentions. ‘Taken as a whole,’ Scott Shane and Adam Liptak noted in the New York Times, ‘the law will give the president more power over terrorism suspects than he had before the Supreme Court decision’ in the Hamdan [v. Rumsfeld] case three months earlier.”

Ā – Jack Goldsmith, The Terror Presidency, Pages 138-139

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