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Habeas Threat Level Elevated

By TChris, Section Legislation
Posted on Mon Sep 25, 2006 at 02:51:56 PM EST
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by TChris

The Justice Project reminds us that the president's attempt to strip detainees of their right to habeas corpus review is only the most visible Republican assault upon the Great Writ.

[O]ther members of the Republican leadership are trying to strip away this right for U.S. citizens convicted of crimes. With only days left before Congress adjourns for mid-term elections, some members of Congress continue to skirt regular order in an attempt to attach widely-criticized habeas repeal measures to unrelated legislation. While attempts to keep these unpopular measures off the DOD bill were initially unsuccessful, House Speaker Dennis Hastert (R-IL) is now insisting that a controversial "judiciary package" of crime legislation, which includes habeas-stripping measures, be attached to the DOD bill. We are also keeping an eye on another possible vehicle for the judiciary package -- the Department of Homeland Security Appropriations Act, which is presently in conference and will likely be finalized in the coming days.

The details of the "judiciary package" are unclear, and Republicans appear to be tinkering with it among themselves. One of the most extreme proposals would insulate sentencing decisions from habeas review, permitting unconstitutional death sentences to escape correction by the federal courts. The package apparently incorporates elements of the dangerous Streamlined Procedures Act (more aptly known as the Kill 'Em Quicker Act), a bill that TalkLeft protested in posts collected here.

This is a time to fear that one or more of these habeas-gutting "reforms" will become law. Fundamental rights are always at their greatest peril in the weeks before a significant election. As The Justice Project notes, these proposals are not debated in public hearings. They're quietly slipped into unrelated bills, all the better to escape public notice. We owe a debt to The Justice Project for keeping tabs on congressional threats to habeas corpus.

The Justice Project shows you how to help here.

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    Habeas Threat Level Elevated | 5 comments (5 topical)
    Re: Habeas Threat Level Elevated (none / 0) (#1)
    by Talkleft Visitor on Mon Sep 25, 2006 at 07:57:40 PM EST
    If this does not boldly illustrate how The Bush League despises the rule of law, then nothing will. Imagine: gutting habeas corpus protections! Have they no shame at all? Hell, while they're at it, why not rewrite the whole Bill of Rights! If these traitors aren't stopped - and stopped soon - things will get much, much worse. After all, 5 years ago no one would have believed that any American administration would officially engage in institutionalized torture. Yet here we are with hidden gulags as we redefine torture to suit our needs. What do the next 5 years hold? Other than a roaring silence from gutless Dems.

    Re: Habeas Threat Level Elevated (none / 0) (#2)
    by kdog on Tue Sep 26, 2006 at 08:37:22 AM EST
    The only conclusion I can draw is the GOP hates freedom...and the DNC doesn't care enough or is incapable of protecting it. Freedom in Retreat!

    Re: Habeas Threat Level Elevated (none / 0) (#3)
    by Bill Arnett on Tue Sep 26, 2006 at 02:48:18 PM EST
    Everyone please write or call their Representative and/or Senator with a letter/email like this: Dear Senator Boxer, Please see: U.S. Constitution, Article One, Section Nine, Para. Two: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." We are not in rebellion and are not being invaded. Senator Specter is right. This is blatently unconstitutional and it would be a violation of every Senator's and Congressman's Oath of Office to fail to preserve, uphold, and defend the U.S. Constitution. No Senator needs more than this to put a permenent hold on any legislation attempting to bypass this part of our Constitution. For king george to attempt overriding this provision is a violation of his oath of office and his constitutional obligations. THIS MUST NOT BE ALLOWED AT ANY/ALL COSTS. Thank you for your exemplary service for your country and constituents.

    Re: Habeas Threat Level Elevated (none / 0) (#4)
    by Bill Arnett on Tue Sep 26, 2006 at 02:48:18 PM EST
    Let's see: Suspend habeas corpus for enemy combatants. Then suspend it for drug dealers, pornographers, child molesters, rapists, political demonstrators, members of a political opposition parties, drunk drivers, reckless drivers, illegal parking violators, jaywalkers, tardy students, well, I guess you see where this is going - right down that "ole slippery slope" to a totally dictatorial Empire where the King Decider decides who may remain free, or alive, and who may not. And the military already has "extremely painful, but (maybe) non-lethal weapons" ready to use for crowd control of AMERICAN CITIZENS. Just how much more power do the despots running the country, boy king george and his republican guard, want? Why not just summary execution powers to get rid of anyone the king declares to be dangerous to him or his administration? Then we could rid ourselves of two branches of government at the same time, as surely congressional opposers and judicial opposers would be declared dangerous to the king's rule AND SHOT. Can't happen in America? Where have you been for the last six years as our rights go down the toilet?

    Re: Habeas Threat Level Elevated (none / 0) (#5)
    by Talkleft Visitor on Tue Sep 26, 2006 at 02:48:18 PM EST
    Habeas corpus rights are spelled out in Article One, Section Nine, Paragraph Two, where it states: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." We are not in rebellion and are not being invaded. Senator Specter is right. This is blatantly unconstitutional and it would be a violation of every Senator's and Congressman's Oath of Office to fail to preserve, uphold, and defend the U.S. Constitution. Please note that this is NOT an amendment, but a primary directive contained in the very first Article of our Constitution and therefore CANNOT BE MODIFIED BY A MERE STATUTE. It MAY be that it could not be changed by amendment, either, since it is a primary directive it MAY only be possible to change it by rewriting the Constitution in its entirety and seeking ratification of at least 38 states - although a complete change of the Constitution may require ratification of all 50 states, or the opportunity for any state not agreeing with the rewrite to secede from the union. Careful what you ask for, republican guard, you just may get it.

    Habeas Threat Level Elevated | 5 comments (5 topical)