Tuesday, September 19, 2006

Judges Tell Congress: Don't Suspend Habeas Corpus


If Habeus Corpus is gone, so is the Constitution and the nation.

Daily Kos: Judges Tell Congress: Don't Suspend Habeas Corpus:

It would eliminate the right of any alien who is in US custody outside the US, or who 'has been determined by the United States to have been properly detained as an enemy combatant', to file for habeas corpus.

*It would eliminate the right of any such alien to take any legal action against 'the United States or its agents' concerning the conditions of his or her detention, other than to appeal the results of Civilian Status Review Commissions or military tribunals.

* Both of these provisions apply to all cases pending when the bill becomes law, which means that any of the cases currently wending their way through the legal system that haven't been resolved by that time become moot.
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This is a terrible, terrible bill. What bothers me most is the denial of habeas rights. Denying the right to file for habeas corpus to all people detained outside the US, or who have been found to have been properly detained as an enemy combatant, means that virtually all detainees would have no legal recourse if they felt they had been unjustly imprisoned, or if their legal rights had been violated.

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