Military Commissions Act

[bobman0330]

[ QUOTE ]
if the President signs a piece of paper that says Hillary Clinton is an unlawful enemy combatant, he does not need to give any reason, and that determination cannot be challenged anywhere. He can hold Senator Clinton in a military prison or a foreign prison for the rest of her life without any kind of hearing. And he can do the same thing to you, dear reader.

[/ QUOTE ]

I've only read the wikipedia article on the subject, but the definition of unlawful combatant there quoted:

" `(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or

`(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense."

says to me that the President cannot in fact sign a piece of paper declaring someone an unlawful combatant. It seems that a proceeding before a tribunal is needed.

Is this right?