Dems In House & Senate & Key Repubs Will Attempt To Restore Habeas Corpus Rights

[kpete]

Democrats to revisit detainee issues
December 28, 2006

Story Highlights
• Democrats to use majorities in House, Senate to address detainee laws
• Key Republicans -- Specter, Snowe -- likely to join in
• Right of habeas corpus will be primary focus

WASHINGTON (AP) -- Senate Democrats plan to use their newfound power to revisit one of the most contentious national security matters of 2006: Deciding what legal rights must be protected for detainees held in the war on terrorism.

.............
But Specter, R-Pennsylvania, and Patrick Leahy, D-Vermont, incoming chairman of the Judiciary Committee, say a disturbing provision left in the bill specifically prohibits a detainee from protesting his detention in court. This provision barring habeas corpus petitions means that only detainees selected for trial by the military are able to confront charges against them, leaving a vast majority of the estimated 14,000 military detainees in custody without a chance to plead their case.

"I think the courts are going to declare that part of the legislation unconstitutional," Specter said in an interview this month.

Leahy and other Democrats, led by Sen. Christopher Dodd, D-Connecticut, have another proposal that would go much further by eliminating other provisions of the White House bill. Among other things, Dodd's legislation would specifically bar coerced statements as testimony and limit the president's authority in interpreting international standards for prisoner treatment.

..........

While the charge to revise the bill is expected to be led by the Senate, incoming House Speaker Nancy Pelosi also may want to take another look at it. Pelosi spokesman Drew Hammill said House Democrats "have a number of concerns about whether the bill is constitutional, and the impact that it will have on the treatment accorded our troops if they are captured in combat."

more at:
http://www.opednews.com/maxwrite/linkframe.php?linkpg=http://www.cnn.com/2006/POLITICS/12/28/democrats.detainees.ap/index.html&linkid=28147

[HereSince1628]

1. The trouble is Bush has no respect for anything done by congress

to reign him in. He's always just a signature away from another signing statement. Each of the hundreds of these is a statement that he operates outside their control and will continue to do so.

The only legislative action that can possibly fix this constitutional crisis of the Imperial War Presidency that Cheney and his Orcs have deliberately created is IMPEACHMENT. Because the House doesn't have the grit to do that, we're be forced to wait until 2008 in hopes of not getting a replacement for Bush that falls in thrall to the imperial power of potentate.

[KharmaTrain]

2. Horse Then Cart...

Want this regime impeached? Get the evidence. Prove there's a violation of the Constitution. Prove it was wontingly violated and that removal of these goons is vital to the survival of our representative democracy. Don't give me rhetoric, give me proof. Don't cite items, present evidence, call witnesses, get testimony and put it both on the record for all of history to see and for the American people to see.

Let boooosh fight Congress on basic civil rights. If anything it opens the door for a wide open investigation where ALL aspects of this regimes intrusion into our lives can be investigated and brought out into the light. A quick knee-jerk impeachement lets so many crimes go uncovered and the importance of the violation of our rights is easily bypassed by a corporate media that will see this as a personal, not a constitutional matter.

I'd prefer to see a movement to CENSURE booosh and his cabal right now...put a permanent black mark in the history books from the time to show that there were some who didn't sit back silently and did take some action. Impeachement...besides the fact it doesn't have the votes...is a political, not a criminal rememdy. This regime broke laws, they need to be investigated as criminals, not given a free pass.

[HereSince1628]

5. Fine, I've said that all along. But we are sort of stuck with what

the House leadership actually says. Sometimes the most obvious thing IS the most obvious thing, and when in doubt about what is going on unspoken, we are sort of stuck accepting what has been said.

Not acting to resolve the crisis as represented by Bush's signing statements and other evidence of utter contempt for Congress and the Constitution leaves us with Bush until 2008. And there is no reason at all to assume he will see the light and allow his actions to be constrained by Congress in the mean time.

[Warren Stupidity]

3. And when * vetos it?

What then? Of course forcing Dumbass to exercise his veto over and over and over again is a good strategy for 08, it just won't help the folks who are going to get executed in our gulag much.

Hopefully the courts will toss the entire foul work out on its keister and what congress does will not be relevant. However I am also concerned that our trusty Democratic leaders will manage to reach across the aisle and work out a new bill that retains most of the hideous features of the old while providing a fig-leaf of constitutionality such that the courts will not object.

[Name removed]

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[cosmik debris]

10. I have read your posts and it is obvious

That you are here to disrupt. It is only a matter of time before you are history.

[Name removed]

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[cosmik debris]

12. Learn the rules

1. This is a moderated discussion forum with rules. We have a team of volunteer moderators who delete posts and ban disruptors. Members are strongly urged to familiarize themselves with our rules, and make an effort to become a positive member of our community. Those who do not risk having their posts deleted or their posting privileges revoked.

2. Who We Are: Democratic Underground is an online community for Democrats and other progressives. Members are expected to be generally supportive of progressive ideals, and to support Democratic candidates for political office. Democratic Underground is not affiliated with the Democratic Party, and comments posted here are not representative of the Democratic Party or its candidates.

[Name removed]

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[Hav]

15. .

People here have different opinions but this board is still intended to be a place for Democrats I guess.
The question is whether you really want to be a member of this community in order to seriously take part in exchanging views or do you merely want to be a jerk who wants to have some fun before getting banned.
If you only want to be a jerk, you are wasting your own and our time, otherwise you are welcome even if there will be many who don't agree with your positions.

I don't know where to put you, I don't see you as a partisan "freeper" and at least some of your posts were entertaining ;). Still, you are a little bit confrontational although I believe that you have a point with some of the things you said.

[cali]

16. Don't you have any

concern about people picked up mistakenly? It certainly happens. that's been documented. What about the fact that millions of legal residents in the U.S. could also potentially be deprived of Habeas? And consider as well, that Habeas is foundational to our system; why are you OK with weakening that system?

[Kerrytravelers]

17. Toodles!

[TahitiNut]

18. That one was obvious from about the 5th post ... at least that's when I first saw him/it.

The stench is unmistakable, imho. :shrug:

[Kerrytravelers]

19. I alerted immediately. He just wasn't clever enough.

Maybe now he'll have time to enlist and get over to Iraq?

[kentuck]

14. I'd say they are all about a day late and a dollar short...

the horse is already out of the barn.