Act Now to Restore Habeas Corpus
The writ of Habeas Corpus has long been celebrated as the most efficient safeguard of the liberty of the subject (see, e.g. wikipedia and LectLaw). A brief history of its recent demise:
- On November 13, 2001, a Presidential Military Order gave the President of the United States the power to detain a non-citizen suspected of connection to terrorists or terrorism as an unlawful combatant. As such, it was asserted that a person could be held indefinitely without charges being filed against him or her, without a court hearing, and without entitlement to a legal consultant.
- On October 17, 2006, President Bush signed into law the Military Commissions Act (MCA) of 2006 which suspends habeas corpus for any alien determined to be an "unlawful enemy combatant engaged in hostilities or having supported hostilities against the United States".
- On January 17, 2007, Attorney General Gonzales asserted in Senate testimony that while habeas corpus is "one of our most cherished rights," the United States Constitution does not expressly guarantee habeas rights to United States residents or citizens.
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"In a 56-43 vote, the Senate today “narrowly rejected” legislation that would have restored habeas corpus rights to military detainees and given them “the right to protest their detention in federal court."
For more, see: http://thinkprogress.org/2007/09/19/breaking-senate-rejects-habeas-legis...