LEAHY: Restore Habeas Corpus - "This Is Wrong-It Is Unconstitutional-It is Un-American"

[kpete]

U.S. senators vow to restore rights to detainees
Thu Apr 26, 2007 10:01PM BST
By Susan Cornwell

.....................

Senate Judiciary Committee Chairman Patrick Leahy warned that the rights of some 12 million legal aliens in the United States -- as well as any foreigners visiting the country -- had also been infringed by the new law.

"This new law means that any of these people can be detained forever ... without any ability to challenge their detention in federal court, or anywhere else, simply on the government's say-so that they are awaiting determination as to whether they are enemy combatants," the Vermont Democrat said.

"This is wrong. It is unconstitutional. It is un-American," Leahy said in testimony to the Senate Armed Services Committee, which would share jurisdiction on changing the law.

...............

Leahy, along with Pennsylvania Republican Sen. Arlen Specter, has introduced legislation to restore habeas corpus right to detainees. With the help of Armed Services Committee Chairman Carl Levin, "I hope we can fix this serious and corrosive problem by this summer," Leahy said

more at:http://uk.reuters.com/article/worldNews/idUKN2640317220070426?feedType=RSS

[NewJeffCT]

1. Not just un-American

it's been a staple of western civilization for 800 years now.

[Thothmes]

6. Staple of western civilization

Not quite, Abe Lincoln managed the Civil War for about two with total disregard for Habes Corpus.
FDR disregarded the concept when tossed 150 thousand Japanese Americans in detention camps during WWII.

[Morgana LaFey]

15. May I remind you

of the incredible symbolism -- a metaphor -- inherent in the fact that George W. Bush attacked (the cradle of) civilization itself when he bombed and invaded Iraq, and allowed if not encouraged the pillaging of the ancient, ancient artifacts?

So it's only fitting, is it not? A continuation of his war against civilization itself.

[shenmue]

2. Yeah!

:patriot:

Go get 'em!

[bdamomma]

3. I wish Leahy would just come out and say we have some

real Un American people in abuse of power.

[CrazyOrangeCat]

4. K&R

[Atman]

5. I think they should wait until AFTER Bush and Rove have been detained.

Then they can shove that habeas right up their corpuses.

.

[StefanX]

7. The concept of habeas corpus has been around since the Magna Carta (in the 1200s)

It is one of the oldest, most basic bedrocks of Anglo-Saxon jurisprudence.

Loosely translated, it means "you must have the body" in Latin.

Basically it means that if you arrest someone, you have to let them show up in court and be told what the hell they've been arrested for.

In other words, it's just good, old-fashioned common sense.

Which is why Cheney, Bush and his fascist cronies threw it out the window.

By the way, I'm not sure Leahy is correct when he states that only foreigners are in jeopardy now. As far as I understand, if habeas corpus is gone, then ANYONE can be arrested and thrown in a jail cell forever without ever having a chance to confront their accusers in a court of law. If habeas corpus is gone, we're ALL in jeopardy now, living in a dictatorship.

Getting rid of habeas corpus was the most disgusting thing that BushCo ever did, in my book. It's prima facie evidence that they are trying to establish a dictatorship.

[loudsue]

9. So true: ANY ONE of us could be detained. Wingnuts think it's only brown skin

that could get you in hot water...it ain't so. If any ONE person in this country loses rights under the law, WE ALL lose rights under the law.

:kick::kick::kick:

[robbyrob79]

11. I think it would be funny

if some of Bushco's cronies, after the administration is done, would be arrested and denied habeas corpus under this law. I'd like to see Cheney and Rove arrested and held in a military prison somewhere forever, and be told that they can't have a hearing because of the patriot act (I think? Which act suspended this?)

[loudsue]

13. From your keyboard to God's ears!!

O8) Oh Dear God Make It So!! O8)

:kick:

[windy252]

14. The Military Commissions of Act of 2006

suspended the right of habeas corpus for anyone declared an "enemy combatant" by the Bush administration. My understanding was that it applied to all US citizens, not just foreigners. There was a blogger whose name I can't recall (I think it might have been Kos) who said Sen. Lindsey Graham "furrowed his brow" intensely about it, but went along like a good rubberstamp with the rest of them.

[WiseButAngrySara]

8. Unconstitutional and UnAmerican. That sums up these 'freedumb'

lovers!

k(pete)nr!

[Blackhatjack]

10. What this is all about is 2 Important Issues for a Democratic Govt based on rule of law...

First, it is about having 'access' to the courts. THe habeas corpus petition means that a member of the federal judiciary is required to examine your petition and rule upon it. Without the right to petition a member of the Judiciary Branch to determine the legality of your arrest and detention, you may be locked away indefinitely by the government for any reason they deem sufficient.

Second, it is about challenging the 'validity' of the charges upon which you have been arrested and detained, including post conviction claims that your constitutional rights have been infringed. Without the availability of federal review of the 'validity' of the charges, individuals may be held on any bare recitation of charges sufficient to detain the individual. Without federal habeas corpus, states could imprison and hold individuals for any reason they see fit, even if it conflicts with the constitutional rights of the detainee. While there may well be a defined appeals process for the individual to navigate, that could take years to result in their freedom. Habeas corpus petitions that allege 'invalid' charges, if successful, can result in almost immediate release of the petitioner.

Without habeas corpus protection under our Constitutional form of government, we no longer have government action based upon 'the rule of law.' The logical conclusion is that a powerful Executive can pick and choose who they desire to detain and there is no effective way to challenge and rebut the reasons put forth as sufficient to justify their being held.

Without habeas corpus it may be 'off to tower with him...' and never to be heard from again.

[BeFree]

16. See you in Gitmo!

4-5 years ago that was the departing statement as the political party broke up. Prophecy, or just common sense?

No one is safe with when laws allowing the government to imprison anyone without due judicial course are left standing.

We are not safe. We are in grave danger. We are in a code red situation!

[Blackhatjack]

17. I believe the level of surveillance of US citizens would trigger outrage if known...

With all the financial information that has been compromised you can bet that government databases are being populated and that information is being used to 'track' citizens and their movements.

If they are infiltrating the Peace Movement Groups and Quakers, you can imagine that those of us who post critical remarks are definitely under 'surveillance.'

[Kurovski]

12. K&R. (nt)