S. 1876 would 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.
Detailed Summary
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 officials engaged in interrogations; (4) monitoring and reporting regarding the treatment, conditions of confinement, and status of legal proceedings of individuals rendered to foreign governments; and (5) additional judges and other personnel for the Court.
Revises the definition of "unlawful enemy combatant" for purposes of military commissions.
Extends statutory habeas corpus to persons detained by the United States who have been: (1) determined to have been properly detained as an enemy combatant; or (2) detained for more than 90 days without such a determination.
Status of the Legislation
Latest Major Action: 7/25/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
Points in Favor
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Points Against
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