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| Fifth Column |
| Spectre, Leahy introduce bill to give habeus corpus to folks like Gitmo Guyz |
| 2006-12-06 |
| The Dems are on a roll. Here are some excerpts from an email newsletter I got called "Secrecy News": In another sign of shifting ground in the post-election Congress, Senators Arlen Specter and Patrick Leahy yesterday introduced the "Habeas Corpus Restoration Act of 2006," which would reinstate federal court jurisdiction over Guantanamo detainees and other suspected enemy combatants. The bill would repeal two provisions of the Military Commissions Act of 2006 enacted in September that limit habeas corpus. "Habeas corpus" refers to the ability of a detainee to seek judicial review of his case. "The Constitution of the United States is explicit that habeas corpus may be suspended only in time of rebellion or invasion," observed Sen. Specter. "We are suffering neither of those alternatives at the present time. We have not been invaded, and there has not been a rebellion." And that, folks, is the mentality that we are up against. "This bill would restore the great writ of habeas corpus, a cornerstone of American liberty for hundreds of years that Congress and the President rolled back in an unprecedented and unnecessary way with September's Military Commissions Act," said Senator Leahy. The source is from the Federation of American Scientists website, and displays the introduction to the bill from the Congressional Record. |
| Posted by:Alaska Paul |
| #12 I'm sure someone will correct me if I'm wrong, but didn't the MCA give the President the authority to revoke (effectively if not formally) a US national's citizenship if they were considered an enemy combatant? And wasn't Padilla picked up inside the US? The MCA provisions on habeas didn't apply only to foreign nationals outside the US. I don't mean to presuppose that there isn't a reason to do exactly that. But let's be clear about what the law is saying. |
| Posted by: Elmeregum Ebbeasing7785 2006-12-06 23:16 |
| #11 Correct, Verlaine -- the Commissions Act was an attempt to roll back and clarify three execrable Supreme Court decisions. It deals only with (1) unlawful (2) alien (3) combatants -- who still get vastly more Geneva and constitutional protections than they're entitled to anyway. In sum, the Supreme Court thinks they should have the right to file habeas petitions, while Congress (well, the old one, anyway) does not. In my post about it back in October, I noted what a close vote it was, as well as Specter's ongoing perfidy. I agree with Glenmore that there's a good chance this bill will pass, and little reason to be confident of a veto. |
| Posted by: exJAG 2006-12-06 21:04 |
| #10 exJAG, somebody, help me here - the Commissions act dealt with habeas rights for US citizens inside the US? I thought it was all about alien enemy combatants - the illegal kind - held outside the US. "Liberty" has never been an element of any sort, much less a central one, for US treatment of foreign enemies, in time of war, outside our territory. Subject to my assumption above being confirmed .... sheesh! |
| Posted by: Verlaine 2006-12-06 20:12 |
| #9 This is bad folks. It's going to get worse. |
| Posted by: Sock Puppet of Doom 2006-12-06 18:50 |
| #8 The same people who if told an alien invasion spaceship fleet is on the way to conquer Earth and enslave all its people, immediately think, "Quick, we must get an injunction to stop them until we can file suit!!!" |
| Posted by: Anonymoose 2006-12-06 17:42 |
| #7 and the word is agenda not agena. Heh. |
| Posted by: Alaska Paul 2006-12-06 17:27 |
| #6 I saw this topic as just another wake up call. Spectre and Leahy have not changed their agena one iota. These guys are like a virus trying to invade the body. What we are short now is in T-cells, so the viruses can run all over body without being stopped. I hope that the Congress has sense to knock this bill down on a vote. I also hope that the President vetoes it if the Congress votes for it. I have little faith now that the President and the Republicans will do what it takes to make sure that sh*t like this does not happen. Color me cynical and color me vigilant. |
| Posted by: Alaska Paul 2006-12-06 17:26 |
| #5 "Veto that is sure to great it. " He hasn't vetoed other bills that were worse than this, so I wouldn't be too sure about this one. |
| Posted by: Glenmore 2006-12-06 17:04 |
| #4 We have not been invaded, and there has not been a rebellion." Stupid SOB, someone should march his ass to the giant hole in NYC. What the hell does he think happened there? He is right on the second point, but a rebellion is soon to follow if we can not elect leadership with with more than a single digit IQ. Arrgggg!!!@! |
| Posted by: 49 Pan 2006-12-06 16:54 |
| #3 LOL good luck on passing that bill in the Senate or overriding a Veto that is sure to great it. |
| Posted by: Cyber Sarge 2006-12-06 16:49 |
| #2 No, there's no rebellion. Yet. |
| Posted by: exJAG 2006-12-06 16:10 |
| #1 Spectre? Come on, where's the Blofeld pic? |
| Posted by: Raj 2006-12-06 15:49 |