H.R. 2543, The Military Commissions Revision Act of 2007

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H.R. 2543 would 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, and it would establish a statutory right of habeas corpus for individuals detained at the detention facility at Naval Station, Guantanamo Bay, Cuba.

Detailed Summary

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 obtained by a degree of coercion less than torture to be admitted only if the military judge finds that: (1) the totality of the circumstances indicates that the statement possesses probative value; (2) the interests of justice would best be served by admitting the statement; and (3) the interrogation methods used do not amount to cruel, inhuman, or degrading treatment.

Prohibits a court or judge jurisdiction to hear or consider an application for a writ of habeas corpus filed by an alien enemy combatant detained by the United States who has been determined by a combatant status review panel to have been properly detained, unless two years has elapsed since the date of detention, and no criminal charges are pending against the detainee at the time the writ is filed.

Status of the Legislation

Latest Major Action: 6/25/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Points in Favor

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Points Against

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