Senate Armed Services Committee Completes Markup of National Defense Authorization Bill for Fisal Year 2010
Senate Armed Services Committee Completes Markup of National Defense Authorization Bill for Fisal Year 2010 (PDF; 107 KB)
Source: U.S. Senate Armed Services Committee
The Committee’s mark addresses a wide range of needs for the Department of Defense. I completely support full funding of the President’s budget request and, for the most part, I believe we have made informed decisions regarding the authorization of $680 billion in base and Overseas Contingency Operations funding for fiscal year 2010,” (John) McCain added.
“I want to also note that the bill includes important bipartisan legislation governing military commissions. I believe that military commissions can play a legitimate role in prosecuting violations of the law of war, but only if they meet the standards of fairness established by the Supreme Court. In its 2006 decision in the Hamdan case, the Supreme Court held that Common Article 3 of the Geneva Conventions prohibits the trial of detainees for violations of the law of war, unless the trial is conducted “by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.” The Court concluded that “[t]he regular military courts in our system are the courts-martial established by congressional statutes” and that a military commission “can be ‘regularly constituted’ by the standards of our military justice system only if some practical need explains deviations from court-martial practice.” I believe that the language that we adopted in the Armed Services Committee meets this test. I want to thank Senators McCain and Graham for their cooperation. We are in agreement on almost all the language in this provision and I am committed to working with them as we proceed to the Senate floor and conference with the House,” added (Carl) Levin.
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.
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