Detailed Summary

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 States from admitting as evidence statements extracted from the defendant by torture or coercion.

Prohibits any federal agency from gathering foreign intelligence in contravention of the Foreign Intelligence Surveillance Act. Subordinates the President's constitutional power to gather foreign intelligence to such prohibition.

Gives the House of Representatives and Senate standing to file a declatory judgment action in an appropriate federal district court to challenge the constitutionality of a presidential signing statement that declares the president's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional.

Prohibits any U.S. officer or agent from kidnapping, imprisoning, or torturing any person abroad based soley on the president's belief that the subject of the action is a criminal or enemy combatant. Allows kidnapping if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process.

Provides that nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to U.S. national security.

Prohibits the use of secret evidence by the President or any other member of the executive branch to designate an individual or organization with a U.S. presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or civil sanctions.

Status of the Legislation

Latest Major Action: 11/2/2007: 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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