Senate Passes Amendment to End Habeas for Detainees
Bump and Update: Unbelievable. The Senate today passed Lindsay Graham's amendment, 49 to 42 barring detainees at Guantanamo and others declared by the Executive Branch to be enemy combatants from seeking judicial review of the legality of their detentions.
Democrats indicated they may try to kill or change the provision before the Senate votes on the overall bill next week. Five Democrats sided with 44 Republicans in voting for the provision.
Who are the five Democrats who voted with Republicans?
Conrad, N.D.; Landrieu, La.; Lieberman, Conn.; Nelson, Neb.; Wyden, Ore.
As I said below, this is an end-run around the Supreme Court's decision in Rasul v. Bush which held Guantanamo detainees have the right to challenge the legality of their detentions.
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Original Post: Nov. 9, 9:52 am
Breaking: Senator Lindsay Graham is introducing an Amendment to the defense appropriations bill pending in the Senate (S. 1042) that would strip those designated by the Administration as enemy combatants of the ability to seek habeas review in federal courts. This is an end-run around the Supreme Court's decision in Rasul v. Bush which held Guantanamo detainees have the right to challenge the legality of their detentions.
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