No Third Class Processes for Foreigners
17 Pages Posted: 6 Aug 2008
This essay responds to an essay of Professor Gregory S. Mcneal with regard to improvement of the military commissions created pursuant to the Military Commission Act of 2006. This essay discusses why the military commissions are intentionally structured in this flawed way, the separate and unequal third class process for foreigners, and the troubling example of the Hamdan military commission. I conclude that reform is meaningless and make suggestions for a different perspective.
Keywords: Hamdan, Military Commissions, Torture, Fifth Amendment, Insular Cases, Constitution, Boumediene, Ross, Guantanamo, national treatment, international minimum standard of justice, courts, courts-martial, coercion
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