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1. No Habeas Corpus for “Any Person”

The Military Commissions Act of 2006 ushered in military commission law for U.S. citizens and non-citizens alike. It allows for the institution of a military alternative to the civilian justice system for “any person” arbitrarily deemed to be an enemy of the state.

One section of the act is specifically directed at American citizens: “Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commissioner under this chapter may direct.”

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