Correct. We've had this discussion. Ribo claimed it applies to American citizens. And both Ribo and 240 argued it was used to detain Jose Padilla, even though the Act was passed AFTER Padilla was arrested. http://www.getbig.com/boards/index.php?topic=123990.50
But here is the specific language:
"ALIEN--The term 'alien' means a person who is not a citizen of the United States."
Section 948a(3).
"PURPOSE--This chapter establishes procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission."
Section 948b(a).
A petition for a writ of Habeus Corpus refers to when a suspect is brought before a court to determine if he’s being held lawfully, i.e., for some legal reason. HC is a fundamental safeguard against arbitrary and lawless state action.
HC occupies an essential place in our history with respect to American ideals of fairness and justice.
Whether it applies only to non-US citizens is immaterial to that larger issue of basic fairness.
“You are a suspect and will remain in custody subject torture as long as we see fit.”
That is not the American way.
That is the old Soviet Style of corrupt police work.
As for denying the right of HC to US citizens, the Military Commissions Act of 2006 DOES AUTHORIZE THAT.
"
Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission," according to the law, passed by the Republican-controlled Congress in September and signed by Bush on Oct. 17, 2006.
Another provision in the law seems to target American citizens by stating that "
any person subject to this chapter who,
in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States ... shall be punished as a military commission … may direct."
Who has "
an allegiance or duty to the United States" if not an American citizen?
That provision would not presumably apply to Osama bin Laden or al-Qaeda, nor would it apply generally to foreign citizens.
This section of the law appears to be singling out American citizens. Source: Robert Parry