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No Senate Consideration of Habeas Corpus

No Senate Consideration of Habeas Corpus

The US Senate has voted not even to consider upholding habeas corpus those designated an “enemy combatant” by the U.S. government (that could be you or me, folks).

This means that anyone can be held – STILL – for an indefinite amount of time without even being told why they are being detained (“arrested” “held” “imprisoned” “tortured”). They have no right to question or challenge detention, even if such detention is in violation of US and international law.

The draft legislation needed approval by 60 votes in order to be considered in the Senate (a cloture vote to block GOP filibuster).

It received only 56, with 43 voting against.

Of my own senators, Saxby Chambliss didn’t vote (which is a little strange – usually he’s right there doing whatever the Fuhrer wants). Johnny Isakson (who I sometimes have teeny-tiny hopes for) voted NAY.

Oh, yeah, Lieberman voted NAY, too.

Arlen Specter – a prominent Republican and one of the three sponsors of the bill – noted that the right to habeas corpus dates back at least to the English Magna Carta of 1215, and is enshrined in the US Constitution.

Look, habeas corpus is a very basic protection against arbitrary arrest. No country that tries to claim it is an any way democratic should be without it. Even non-democratic countries often honor thabeas corpus.

Habeas Corpus empowers the individual in holding accountable the exercise of the state’s awesome power to restrain liberty.

To put this in the context of the current situation, the aim of the ‘Habeas Corpus Restoration Act’ – in combination with the ‘Restoring the Constitution Act’ – was to restore some sort of credibility to the process of detaining terrorist suspects.

Right now, everything we are doing is – well, the least you can say is that it runs counter to American values and traditions. These would would have put detentions in a more tenable legal framework by restoring the ancient tradition of habeas corpus, narrowing the definition of unlawful enemy combatants, prohibiting evidence obtained under torture, and returning to an affirmation of the Geneva Conventions.


See the official vote tally

I spit in the faces of all the Senators who voted against even seriously considering the issues involved here. You have not upheld your oath, and you do not deserve to be in office.

Tell Senators to Restore Habeas Corpus

Tell Senators to Restore Habeas Corpus

President Bush currently has the power to declare anyone he wants, including U.S. citizens, to be an “enemy combatant” — and imprison them indefinitely without access to our court system – and without any explanation for their imprisonment.

The Senate is set to vote this week on whether or not to restore habeas corpus — the fundamental constitutional right that allows citizens to challenge the lawfulness of their imprisonment.

Contact your U.S. senators now and speak up to save habeas corpus and restore the Constitution.

Last September, Congress shamefully passed the Military Commissions Act of 2006 (MCA) — which codified the suspension of habeas corpus rights, and allowed the government to continue holding prisoners at Guantanamo (and other secret sites) indefinitely with no access to a fair hearing in court.

Indefinite imprisonment without judicial review is unconstitutional — and fundamentally un-American. It’s a hallmark of fascist dictatorships, not constitutional democracies like ours.

Fortunately, there is movement in Congress to restore this fundamental constitutional right. This Monday, September 14th, the Senate is expected to resume debate on the Department of Defense Authorization bill and vote on S.185, the Specter-Leahy amendment to restore habeas corpus. This will be the first full up-or-down vote in Congress on restoring habeas corpus, and could give Guantanamo prisoners the long-denied right to independent review of their detention.

If our moral standing in the world community is ever to be restored, this bill is a very good first step.

(Action sponsored by Act for Change / Working Assets)