This may be the most important thing that this Congress will do.  Keith Olbermann does a good job in presenting the problem.  Chris Dodd (D – Ct) is already out in front on this one.  He has drafted legislation that has been introduced.  The legislation is called the Effective Terrorist Prosecution Act.  This Act will:

  • Restores Habeas Corpus protections to detainees
  • Narrows the definition of unlawful enemy combatant to individuals who directly participate in hostilities against the United States who are not lawful combatants
  • Bars information gained through coercion from being introduced as evidence in trials
  • Empowers military judges to exclude hearsay evidence they deem to be unreliable
  • Authorizes the US Court of Appeals for the Armed Forces to review decisions by the Military commissions
  • Limits the authority of the President to interpret the meaning and application of the Geneva Conventions and makes that authority subject to congressional and judicial oversight
  • Provides for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of its provisions

Now, that seems fair.  That seems represent the feelings of the American public.