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Latest Action: 04/10/2007 - Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent. (consideration: CR S4236 text as passed Senate: CR S4236 text of measure as introduced: CR S4311) Bill TextA resolution to authorize legal representation in In the Matter of the Application of Committee on Finance. 4/10/2007--Passed Senate without amendment. (There is 1 other summary) (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Authorizes the Senate Legal Counsel to represent the Committee on Finance in the proceeding styled In the Matter of the Application of Committee on Finance for a Writ of Habeas Corpus Ad Testificandum, Misc. No. 07-134 (D.D.C.).
Also tagged in: Aliens, Armed forces, Civil liberties, Civil rights, Criminal justice, Defense policy, Detention of persons, Foreign policy, International affairs, Judicial review, Jurisdiction, Law, Military law, Prisoners' rights, Terrorism, Terrorists
Latest Action: 06/26/2007 - Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-90. Additional and Minority views filed. Bill TextA bill to restore habeas corpus for those detained by the United States. 6/26/2007--Reported to Senate without amendment. (There is 1 other summary) (This measure has not been amended since it was introduced. The summary of that version is repeated here.)Habeas Corpus Restoration Act of 2007- Repeals provisions of the Military Commissions Act of 2006 that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to have been properly detained as enemy combatants (or who are awaiting such determination) and actions against the United States relating to the detention of such aliens and to military commissions (thus restoring habeas corpus rights existing prior to the enactment of such Act).Allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas [...] show full description
Also tagged in: Aliens, Armed forces, Civil liberties, Counterterrorism, Criminal justice, Defense policy, Detention of persons, Foreign policy, Immigration, International affairs, Jurisdiction, Law, Prisoners' rights, Terrorism, Terrorists, War
Latest Action: 06/28/2007 - Sponsor introductory remarks on measure. (CR H7367) Bill TextTo amend title 28, United States Code, to repeal the restriction on the jurisdiction of courts, justices, and judges to hear or consider applications for writs of habeas corpus filed by or on behalf of certain aliens detained by the United States. 1/5/2007--Introduced. Military Commissions Habeas Corpus Restoration Act of 2007 - Amends the federal judicial code to repeal the restriction on the jurisdiction of courts, justices, and judges to hear or consider applications for writs of habeas corpus filed by or on behalf of aliens: (1) properly detained by the United States as enemy combatants; or (2) awaiting a determination of whether their detention as enemy combatants is proper.
Also tagged in: Appellate courts, Appellate procedure, Armed forces, Civil liberties, Civil procedure, Congress, Congress and foreign policy, Congressional oversight, Conspiracy, Constitution, Constitutional law, Counterterrorism, Courts-martial and courts of inquiry, Criminal justice, Criminal procedure, Defense policy, Discovery (Law), District courts, Due process of law, Evidence (Law), Exclusionary rule (Evidence), Foreign policy, Government attorneys, Hearsay evidence, Human rights, Intelligence activities, International affairs, Iraq compilation, Judicial review, Jurisdiction, Law, Lawyers, Presidential powers, Presidents, Prisoners of war, Punishment, Searches and seizures, September 11, 2001, Supreme Court, Terrorism, Terrorists, Torture, Treaties, War crimes, Warrants (Law), Witnesses
Latest Action: 09/17/2007 - Sponsor introductory remarks on measure. (CR S11563) Bill TextA bill to provide for the effective prosecution of terrorists and guarantee due process rights. 2/13/2007--Introduced. Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things: (1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilian military defense counsel; (2) exclude statements made by coercion; (3) authorize the Secretary of Defense to make exceptions to commission procedures and rules of evidence as required by unique circumstances of military or intelligence operations during hostilities; (4) provide for self-representation by the accused, while requiring assistance by military defense counsel; (5) authorize the military judge to order trial counsel to disclose to defense counsel the sources, methods, or activities in which witnesses or evidence against the accused was obtained; (6) require [...] show full description
Also tagged in: Administrative procedure, Airports, Capital punishment, Civil liberties, Civil rights, Civil rights enforcement, Conspiracy, Correctional personnel, Criminal justice, Criminal procedure, Department of Justice, Disabled, Drug abuse, Drug traffic, Evidence (Law), Executive departments, Federal employees, Firearms, Government employees, Homicide, Informers, Juries, Kidnapping, Law, Life imprisonment, Medical care, Medical tests, Medicine, Mentally disabled, Obstruction of justice, Pretrial procedure, Public defenders, Recidivists, Religion, Religious liberty, Right of privacy, Right to counsel, Sentences (Criminal procedure), State and local government, State employees, Terrorism, Terrorists, Transportation, Victims of crimes, Violence, Witnesses
Latest Action: 02/06/2007 - Referred to the House Committee on the Judiciary. Bill TextTo modify the law with respect to the death penalty, and for other purposes. 2/6/2007--Introduced. Death Penalty Reform Act of 2007 - Amends the federal criminal code to modify substantive law and procedures relating to the death penalty. Adds certain crimes that result in death, including obstruction of justice, as aggravating factors in death penalty deliberations.Defines "mentally retarded" for death penalty purposes. Requires a defendant to give notice to the government of any mitigating factors, including mental retardation, which the defendant intends to present in a death penalty proceeding. Grants the government the right to an independent mental health examination of a defendant claiming mental retardation. Grants the Attorney General regulatory authority over the implementation of the death penalty. Repeals the prohibition against executing a person who is mentally retarded. Grants the government an unlimited right to rehearings of [...] show full description
Also tagged in: Aliens, Armed forces, Civil liberties, Civil rights, Criminal justice, Defense policy, Detention of persons, Foreign policy, International affairs, Law, Military law, Prisoners' rights, Terrorism, Terrorists
Latest Action: 03/19/2007 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Bill TextTo preserve the right to habeas corpus. 2/16/2007--Introduced. Habeas Corpus Preservation Act - Provides that nothing in the Military Commissions Act of 2006 shall affect the right of any U.S. resident to habeas corpus.
Also tagged in: Assault, Criminal justice, Damages, Families, Federal employees, Federal law enforcement officers, Federal officials, Firearms, Government employees, Homicide, Imprisonment, Judges, Kidnapping, Law, Law enforcement officers, Legal fees, Mandatory sentences, Murder, Protection of officials, State and local government, State courts, Violence
Latest Action: 04/26/2007 - Read twice and referred to the Committee on the Judiciary. Bill TextA bill to impose appropriate penalties for the assault or murder of a Federal law enforcement officer or Federal judge, for the retaliatory assault or murder of a family member of a Federal law enforcement officer or Federal judge, and for other purposes. 4/26/2007--Introduced. Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers; (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges; (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer; and (4) authorize federal judges, U.S. attorneys,[...] show full description
Also tagged in: Appellate courts, Appellate procedure, Armed forces, Civil liberties, Civil procedure, Congress, Congress and foreign policy, Congressional oversight, Conspiracy, Constitution, Constitutional law, Counterterrorism, Courts-martial and courts of inquiry, Criminal justice, Criminal procedure, Defense policy, Discovery (Law), District courts, Due process of law, Evidence (Law), Exclusionary rule (Evidence), Foreign policy, Government attorneys, Hearsay evidence, Human rights, Intelligence activities, International affairs, Iraq compilation, Judicial review, Jurisdiction, Law, Lawyers, Presidential powers, Presidents, Prisoners of war, Punishment, Searches and seizures, September 11, 2001, Supreme Court, Terrorism, Terrorists, Torture, Treaties, War crimes, Warrants (Law), Witnesses
Latest Action: 04/20/2007 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Bill TextTo provide for the effective prosecution of terrorists and guarantee due process rights. 3/8/2007--Introduced. Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things: (1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilian military defense counsel; (2) exclude statements made by coercion; (3) authorize the Secretary of Defense to make exceptions to commission procedures and rules of evidence as required by unique circumstances of military or intelligence operations during hostilities; (4) provide for self-representation by the accused, while requiring assistance by military defense counsel; (5) authorize the military judge to dismiss charges or take other action upon a determination that substitute information for classified exculpatory evidence is insufficient to protect the fair trial right of [...] show full description
Also tagged in: Aliens, Armed forces, Civil liberties, Counterterrorism, Courts-martial and courts of inquiry, Criminal justice, Defense policy, Detention of persons, Foreign policy, Human rights, Immigration, International affairs, Jurisdiction, Law, Prisoners of war, Prisoners' rights, Terrorism, Terrorists, Treaties, War
Latest Action: 03/19/2007 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Bill TextTo restore habeas corpus for those detained by the United States and to repeal the prohibition on treaty obligations establishing grounds for certain claims. 3/8/2007--Introduced. Habeas Corpus Restoration Act of 2007- Repeals provisions of the Military Commissions Act of 2006 that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to have been properly detained as enemy combatants (or who are awaiting such determination) and actions against the United States relating to the detention of such aliens and to military commissions (thus restoring habeas corpus rights existing prior to the enactment of such Act).Allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas corpus proceeding. Repeals the prohibition in the Military Commissions Act of 2006 against invoking the Geneva [...] show full description
Also tagged in: Armed forces, Civil liberties, Counterterrorism, Courts of special jurisdiction, Criminal justice, Defense policy, Detention of persons, Foreign policy, Government liability, Human rights, Intelligence activities, International affairs, Jurisdiction, Law, Military law, Prosecution, Suspects' rights, Terrorism, Terrorists, Warrants (Law)
Latest Action: 07/25/2007 - Sponsor introductory remarks on measure. (CR S9922-9923) Bill TextA bill to prohibit extraterritorial detention and rendition, except under limited circumstances, to modify the definition of "unlawful enemy combatant" for purposes of military commissions, to extend statutory habeas corpus to detainees, and for other purposes. 7/25/2007--Introduced. National Security with Justice Act of 2007 - Prohibits, with specified exceptions, a U.S. officer or agent from: (1) engaging in the extraterritorial (outside of the United States) detention of any individual; or (2) rendering (transferring to another legal jurisdiction) or participating in the rendition of any individual. Authorizes a U.S. officer or agent to apply for an order of rendition, and a judge of the Foreign Intelligence Surveillance Court (Court) to issue such an order, under specified procedures. Provides for: (1) authorizations and orders for emergency detention; (2) uniform standards for the interrogation of individuals detained by the U.S. government; (3) protection of government [...] show full description
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Latest Legislation - View All
Also tagged in: Armed forces, Caribbean area, Civil liberties, Civil rights, Criminal justice, Cuba, Defense policy, Deportation, Detention of persons, District courts, Immigration, Jurisdiction, Latin America, Law, Military bases, Military law, Prisoners' rights, Witnesses
Latest Action: 07/31/2008 - Read twice and referred to the Committee on the Judiciary. Bill TextA bill to provide for habeas corpus review for terror suspects held at Guantanamo Bay, Cuba, and for other purposes. 7/31/2008--Introduced. Enemy Combatant Detention Review Act of 2008 - Amends the federal judicial code to grant the U.S. District Court for the District of Columbia exclusive jurisdiction of, and make it the exclusive venue for consideration of, all habeas corpus applications by or on behalf of any enemy combatant held at Guantanamo Bay, Cuba, who is neither a U.S. citizen nor a lawful permanent resident (covered individual) that are pending on or filed on or after the enactment of this Act. Prescribes related procedures, including restrictions on oral testimony. Stays any such application until all Military Commission proceedings regarding the covered individual have been resolved. Requires release of a covered individual, for whom the District Court grants a writ application and orders release, into the custody of the Secretary of Homeland Security [...] show full description
Also tagged in: Armed forces, Caribbean area, Civil liberties, Civil rights, Criminal justice, Cuba, Defense policy, Deportation, Detention of persons, District courts, Immigration, Jurisdiction, Latin America, Law, Military bases, Military law, Prisoners' rights, Witnesses
Latest Action: 07/31/2008 - Referred to the House Committee on the Judiciary. Bill TextTo provide for habeas corpus review for terror suspects held at Guantanamo Bay, Cuba, and for other purposes. 7/31/2008--Introduced. Enemy Combatant Detention Review Act of 2008 - Amends the federal judicial code to grant the U.S. District Court for the District of Columbia exclusive jurisdiction of, and make it the exclusive venue for consideration of, all habeas corpus applications by or on behalf of any enemy combatant held at Guantanamo Bay, Cuba, who is neither a U.S. citizen nor a lawful permanent resident (covered individual) that are pending on or filed on or after the enactment of this Act. Prescribes related procedures, including restrictions on oral testimony. Stays any such application until all Military Commission proceedings regarding the covered individual have been resolved. Requires release of a covered individual, for whom the District Court grants a writ of habeas corpus and orders release, into the custody of the Secretary of Homeland Security [...] show full description
Also tagged in: Administrative remedies, Aliens, Automobile theft, Bribery, Burglary, Child sexual abuse, Children, Counterfeiting, Criminal aliens, Criminal justice, Department of Homeland Security, Deportation, Detention of persons, Drug abuse, Drug traffic, Ex-offenders, Executive departments, Families, Forgery, Fraud, Gambling, Government information, Immigration, Injunctions, Intelligence activities, Intelligence officers, Judicial review, Larceny, Law, Married people, Money laundering, Obstruction of justice, Official secrets, Organized crime, Passports, Perjury, Prostitution, Protection of officials, Rape, Recidivists, Residence requirements, Sentences (Criminal procedure), Smuggling, Sports, Tax evasion, Taxation, Transportation, Violence, Visas
Latest Action: 12/03/2007 - Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. Bill TextTo amend the Immigration and Nationality Act to restore certain provisions relating to the definition of aggravated felony and other provisions as they were before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 10/31/2007--Introduced. Keeping Families Together Act of 2007 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien. Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act. Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction." [...] show full description
Also tagged in: Actions and defenses, Anarchism, Armed forces, Citizenship, Communications, Congress and foreign policy, Congress and military policy, Congressional oversight, Congressional-executive relations, Constitution, Constitutional law, Courts-martial and courts of inquiry, Criminal justice, Criminal procedure, Defense policy, Detention of persons, Due process of law, Electronic surveillance, Evidence (Law), Executive departments, Fines (Penalties), Foreign policy, Imprisonment, Information leaking, Injunctions, Intelligence activities, International affairs, Journalism, Kidnapping, Law, National security, Parties to actions, Police questioning, Politics and government, President and foreign policy, Presidents, Prosecution, Reporters and reporting, Rule of law, Terrorism, Torture, War and emergency powers, War crimes, Warrants (Law)
Latest Action: 11/02/2007 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Bill TextTo restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers. 10/15/2007--Introduced. American Freedom Agenda Act of 2007 - Repeals the Military Commissions Act of 2006. Authorizes the President to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. Prohibits the President from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States. Prohibits the detention of any U.S. citizen as an unlawful enemy combatant. Entitles any individual detained as an enemy combatant by the United States to petition for a writ of habeas corpus. Prohibits any civilian or military tribunal of the United [...] show full description
Also tagged in: Armed forces, Civil liberties, Counterterrorism, Courts of special jurisdiction, Criminal justice, Defense policy, Detention of persons, Foreign policy, Government liability, Human rights, Intelligence activities, International affairs, Jurisdiction, Law, Military law, Prosecution, Suspects' rights, Terrorism, Terrorists, Warrants (Law)
Latest Action: 07/25/2007 - Sponsor introductory remarks on measure. (CR S9922-9923) Bill TextA bill to prohibit extraterritorial detention and rendition, except under limited circumstances, to modify the definition of "unlawful enemy combatant" for purposes of military commissions, to extend statutory habeas corpus to detainees, and for other purposes. 7/25/2007--Introduced. National Security with Justice Act of 2007 - Prohibits, with specified exceptions, a U.S. officer or agent from: (1) engaging in the extraterritorial (outside of the United States) detention of any individual; or (2) rendering (transferring to another legal jurisdiction) or participating in the rendition of any individual. Authorizes a U.S. officer or agent to apply for an order of rendition, and a judge of the Foreign Intelligence Surveillance Court (Court) to issue such an order, under specified procedures. Provides for: (1) authorizations and orders for emergency detention; (2) uniform standards for the interrogation of individuals detained by the U.S. government; (3) protection of government [...] show full description
Also tagged in: Aliens, Armed forces, Courts-martial and courts of inquiry, Criminal justice, Defense policy, Detention of persons, Foreign policy, Injunctions, International affairs, Judicial review, Jurisdiction, Law, Military law, Prisoners' rights, Terrorism, Terrorists
Latest Action: 09/06/2007 - Subcommittee Consideration and Mark-up Session Held. Bill TextTo amend titles 28 and 10, United States Code, to restore habeas corpus for individuals detained by the United States at Naval Station, Guantanamo Bay, Cuba, and for other purposes. 6/22/2007--Introduced. Amends the federal judicial code to allow an alien detained by the United States as an enemy combatant to apply for a writ of habeas corpus, including an application challenging transfer, or bring an action solely for prospective injunctive relief against transfer, except for an alien in a zone of active combat involving U.S. Armed Forces. Limits the review of prosecutions, trials, or judgments of a military commission to that provided by the Code of Military Justice or by a habeas corpus proceeding.
Also tagged in: Aliens, Armed forces, Civil liberties, Courts-martial and courts of inquiry, Criminal justice, Criminal procedure, Defense policy, Detention of persons, Judicial review, Jurisdiction, Law, Prisoners of war, Terrorism, Terrorists
Latest Action: 07/16/2007 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Bill TextTo repeal and modify certain provisions of law relating to the review of the detention of enemy combatants. 6/13/2007--Introduced. Amends federal law concerning the detention of suspected enemy combatants to: (1) repeal a provision that denies any court or judge jurisdiction to consider a writ of habeas corpus filed on behalf of an alien detained by the United States who has been determined to have been properly detained as an enemy combatant or is awaiting such determination; (2) repeal provisions of the Detainee Treatment Act of 2005 concerning limitations on the review of decisions of combatant status review tribunals on the propriety of detention of suspected enemy combatants; and (3) revise generally provisions concerning the limited review of military commission procedures and actions.
Also tagged in: Aliens, Armed forces, Courts-martial and courts of inquiry, Criminal justice, Defense policy, Detention of persons, Evidence (Law), Jurisdiction, Law, Military law, Police questioning, Terrorism, Terrorists, Torture
Latest Action: 06/25/2007 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Bill TextTo amend title 10, United States Code, to revise the definition of unlawful enemy combatant for purposes of laws administered by the Secretary of Defense relating to military commissions, to establish a statutory right of habeas corpus for individuals detained at the detention facility at Naval Station, Guantanamo Bay, Cuba, and for other purposes. 5/24/2007--Introduced. Military Commissions Revision Act of 2007 - Amends federal law concerning powers and procedures of military commissions (commissions) to redefine the term "unlawful enemy combatant" as a person who has engaged in, attempted, or conspired to engage in acts of armed hostilities or terrorism against the United States or its co-belligerents, and who is not a lawful enemy combatant. Repeals the requirement that a finding by a combatant status review tribunal that a person is an unlawful enemy combatant be dispositive for purposes of jurisdiction for trial by a commission. Allows statements [...] show full description
Also tagged in: Administrative procedure, Assault, Conspiracy, Correctional personnel, Criminal justice, Damages, Department of Justice, Executive departments, Families, Federal employees, Federal law enforcement officers, Firearms, Government attorneys, Government employees, Homicide, Judges, Kidnapping, Law, Legal fees, Mandatory sentences, Murder, Police, Protection of officials, Public prosecutors, Violence
Latest Action: 06/04/2007 - Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. Bill TextTo provide adequate penalties for crimes committed against United States judges and Federal law enforcement officers, to provide appropriate security for judges and law enforcement officers, and for other purposes. 5/15/2007--Introduced. Court and Law Enforcement Officers Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum terms of imprisonment for homicide, manslaughter, and kidnapping crimes against federal judges and law enforcement officers; (2) allow federal judges, U.S. attorneys, and Justice Department employees to carry firearms; (3) increase penalties for assaults against U.S. employees and officers and impose mandatory minimum terms of imprisonment for assaults against federal judges or law enforcement officers; and (4) impose mandatory minimum penalties for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family [...] show full description
Also tagged in: Assault, Criminal justice, Damages, Families, Federal employees, Federal law enforcement officers, Federal officials, Firearms, Government employees, Homicide, Imprisonment, Judges, Kidnapping, Law, Law enforcement officers, Legal fees, Mandatory sentences, Murder, Protection of officials, State and local government, State courts, Violence
Latest Action: 04/26/2007 - Read twice and referred to the Committee on the Judiciary. Bill TextA bill to impose appropriate penalties for the assault or murder of a Federal law enforcement officer or Federal judge, for the retaliatory assault or murder of a family member of a Federal law enforcement officer or Federal judge, and for other purposes. 4/26/2007--Introduced. Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers; (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges; (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer; and (4) authorize federal judges, U.S. attorneys,[...] show full description
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