Death of Habeas Corpus

Video: Olbermann laments 'death of habeas corpus'

Raw Story
David Edwards
Published: Wednesday October 11, 2006



The Military Commissions Act of 2006 eliminates habeas corpus from traditional rights of prisoners.

In this Countdown special report, MSNBC's Keith Olbermann explains why habeas corpus is "a cornerstone of freedom" for the United States.

"In fact, Countdown has obtained a partially redacted copy of a colonial 'declaration' indicating that back then, 'depriving us of trial by jury' was actually considered sufficient cause to start a war of independence, based on the then-fashionable idea that 'liberty' was an unalienable right," said Olbermann.






More on what led to this bill..


Feingold hails October 17th a dark day for America


Here's two articles concerning Senator Feingold's reaction the passage & signing of the Military Commission Act.

Feingold slams anti-terrorism bill as a dark day for America

10/18/2006



An anti-terrorism bill signed into law by President Bush Tuesday is a blow to civil liberties and a victory for terrorists.That from U.S. Senator Russ Feingold of Wisconsin. Mike Simonson reports.

On his way to county listening sessions in Barron and Burnett Counties, Feingold says the Military Commission Act makes it legal to suspend habeus corpus for the first time in U.S. history. "This is more than a step backwards. This is a shocking failure of the Congress to step up to an executive power grab. If somebody is detained they have a right to say 'Hey, it isn't me. I'm not the guy.' This is a frightening departure from our history, our traditions, and our rule of law that needs to be overturned. It's a very dark hour." The democratic senator says personal security and liberty can work together...but this law can mean anyone, including American citizens...can be imprisoned and tortured if they are classified as an "enemy combatant". "This law now allows forced confessions to be used in a case where somebody could be put to death, a forced confession. That is against American law, that is against international law, that's against every tradition of our legal system that I believe in. I don't believe we should give the terrorists that kind of victory by compromising that way." Feingold says the Military Commission Act puts U.S. troops in danger of similar treatment if they are captured. He says if the United States can suspend these rights, then other nations will too.

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Editorial: Listen to Feingold
A Cap Times editorial, OCt. 18, 2006
President Bush and his Republican allies intend to make an election issue of their support for the Military Commissions Act, a measure that is all but certain to be overturned by the Supreme Court. Though there is no question that the act violates basic constitutional protections, the president and White House political czar Karl Rove hope to use the fact that most Democrats opposed the legislation to try to portray the GOP as tough on terror while the opposition is weak.


Will Democrats fall into the trap? Not if they counter the spin as aggressively as did U.S. Sen. Russ Feingold, D-Wis., after Bush signed the measure into law.

"The legislation signed by the president today violates basic principles and values of our constitutional system of government. It allows the government to seize individuals on American soil and detain them indefinitely with no opportunity to challenge their detention in court. And the new law would permit an individual to be convicted on the basis of coerced testimony and even allow someone convicted under these rules to be put to death," said Feingold.

"The checks and balances of our system of government and the fundamental fairness of the American people and legal system are among our greatest strengths in the fight against terrorism. I am deeply disappointed that Congress enacted this law. We will look back on this day as a stain on our nation's history."


Published: October 18, 2006
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Bush signs torture bill
Category: News and Politics
Randy Rhodes Fans
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Waterboarding is the new patient justice: Bush signs torture bill



George W. Bush signed the torture/habeas corpus bill today:


"It is a rare occasion when a president can sign a bill that he knows will save American lives," Bush said. "I have that privilege this morning."

Bush signed the bill in the White House East Room, at a table with a sign positioned on the front that said "Protecting America." He said he signed it in memory of the victims of the Sept. 11 attacks.

"We will answer brutal murder with patient justice," Bush said. "Those who kill the innocent will be held to account." [AP]

Patient justice?

The president also praised Donald Rumsfeld for his hard work in rolling back civil liberties. To be fair, Rummy is a lot better at taking rights away from Americans than he is at giving rights to Iraqis and Afghanis.

Even more disturbingly, the president explicitly stated that he considers torture to be a form of extra-judicial punishment:

"With the bill I'm about to sign, the men our intelligence officials believe orchestrated the murder of nearly 3,000 innocent people will face justice," Bush said. [AP]
And so, the truth comes out. The president values torture as retribution for its own sake. Never mind that suspects are tortured before they've been tried, let alone found guilty of anything.

And of course, the president reserved the right to decide for himself what constitutes torture, in secret:


The legislation also says the president can "interpret the meaning and application" of international standards for prisoner treatment, a provision intended to allow him to authorize aggressive interrogation methods that might otherwise be seen as illegal by international courts. White House press secretary Tony Snow said Bush would probably eventually issue an executive order that would describe his interpretation, but those documents are not usually made public and Snow did not reveal when it might be issued. [AP]

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posted by DemCuTie4FreeDoM @ 10/21/2006 02:53:00 PM