On Prosecuting Detainees

The draft initially said that only "alien enemy combatants" who are not U.S. citizens can be tried by military commissions. That phrase is crossed off in the text of this copy, and instead it appears to cover anyone "engaged in hostilities against the United States or its coalition partners" who violate the laws of war or provisions of this bill.

The commissions have jurisdiction over 19 offenses considered violations of the laws of war, ranging from attacking civilians and protected property to using persons and property as shields and torture, maiming, mistreating dead bodies, rape and conspiracy. The commissions also can be used to try those who -- in the context of armed conflict -- hijack vessels or aircraft, destroy property, aid an enemy, or commit acts of terrorism, murder or spying.

Trial Procedures

"A person charged with an offense under this Act may be tried and punished at any time without limitations," the bill states. Speedy trials are not required. Defendants are entitled to two principal lawyers -- one drawn from U.S. military ranks and a civilian cleared to read materials classified as "Secret."

Hearsay information is admissible at the discretion of the military lawyer presiding over the commission, unless circumstances render it unreliable or unnecessary. That lawyer can close the proceedings to protect any information that might "cause identifiable damage to the public interest" or endanger participants or national security interests. The lawyer can also order "exclusion of the defendant" and his civilian counsel, but instances of this should be "no broader than necessary." Classified evidence can be provided to the defendants in summary form but is not required if doing so would compromise intelligence sources.

Punishment

A two-thirds majority vote is needed to convict on any charge; a three-quarters majority is needed to order a sentence of more than 10 years. All members present must vote to impose the death penalty, and it must be approved by the president. But those enemy combatants and "persons who have engaged in unlawful belligerence" can be detained until "the cessation of hostilities," notwithstanding any jail sentence they receive from the commissions.