Senate Dems to Seek Reconsideration of Graham Amendment
Nine senators were absent from Thursday's vote on Sen. Graham's amendment to an appropriations bill that would strip Guantanamo detainees of the right to challenge the legality of their detentions in federal court using a writ of habeas corpus.
On Monday, Sen. Jeff Bingaman of New Mexico will seek a new vote on Graham's amendment, trying to convince Senators on the Judiciary Committee to gut the part of the Graham amendment that prevents detainees from using the writ.
So it is possible that some lawmakers could have it both ways, backing other provisions in Mr. Graham's measure that try to make the Guantánamo tribunal process more accountable to the Senate, but opposing the more exceptional element of the legislation that limits prerogatives of the judiciary.
Under Mr. Graham's measure, Guantánamo prisoners would be able to challenge only the narrow question of whether the government followed procedures established by the defense secretary at the time the military determined their status as enemy combatants, which is subject to an annual review. The District of Columbia Circuit would retain the right to rule on that, but not on other aspects of a prisoner's case.
Detainees would not be able to challenge the underlying rationale for their detention. "If it stands, it means detainees at Guantánamo Bay would have no access to any federal court for anything other than very simple procedural complaints dealing with annual status review," said Christopher E. Anders, a legislative counsel for the American Civil Liberties Union. "Otherwise, the federal courts' door is shut."
Hilary at Obsidian Wings has more, including the contact numbers for the key Judiciary Committee Senators.
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