A US circuit has sided with the Constitution in declaring a legal US resident had the right to challenge his accusers in a court of law.
From the AP
The Bush administration cannot legally detain a U.S. resident it believes is an al-Qaida sleeper agent without charging him, a divided federal appeals court ruled Monday. The court said sanctioning the indefinite detention of civilians would have "disastrous consequences for the constitution _ and the country."
In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri, a legal U.S. resident, of his constitutional rights to challenge his accusers in court.
It ruled the government must allow al-Marri to be released from military detention.
Al-Marri has been held in solitary confinement in the Navy brig in Charleston, S.C., since June 2003. The Qatar native has been detained since his December 2001 arrest at his home in Peoria, Ill., where he moved with his wife and five children a day before the Sept. 11, 2001, terrorist attacks to study for a master's degree.
To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution _ and the country," the court panel said.
Al-Marri's lawyers argued that the Military Commissions Act, passed last fall to establish military trials after a U.S. Supreme Court ruling, doesn't repeal the writ of habeas corpus _ defendants' traditional right to challenge their detention.
Showing posts with label Habeus Corpus. Show all posts
Showing posts with label Habeus Corpus. Show all posts
Monday, June 11
Wednesday, May 16
Blind Justice Demands Habeas Corpus
From the Bill of Rights Defense Committee
When President Bush promises to bring terrorists to justice, the key question is: What does he mean by "terrorist" and "justice"? The current controversy over former CIA agent Luis Posada Carriles, who allegedly planned the 1976 bombing of a Cuban passenger jet that killed 73 people and is suspected of bombing several Cuban hotels, suggests that the political agenda of the executive branch, rather than any common standard, determines who is a terrorist.
On May 8, a federal judge dropped 2005 immigration charges against Carriles. No other charges have been filed against him in the U.S. A federal judge had ruled earlier that Carriles cannot be extradited to Venezuela to stand trial because he could be tortured there. So now this man, Carriles, widely considered an international terrorist, walks freely on the streets of Miami. Carriles's treatment contrasts starkly to the U.S. government's kidnapping and "rendition" of non-terrorists Maher Arar and Khaled el-Masri to countries that torture.
As the administration protects Carriles from facing terrorist charges, it has filed a motion to dismiss all Guantánamo detainee habeas cases on the grounds that, pursuant to the Military Commissions Act, the U.S. District Court for the District of Columbia "lacks jurisdiction over the detention-related claims of aliens held as enemy combatants at the United States Naval Base at Guantánamo Bay, Cuba".
Evidence that even one detainee at Guantánamo, much less hundreds, were wrongly held there should be sufficient proof for Congress that selective justice does not work and that it makes our country and the world a much more dangerous place. Government leaders around the world, including close allies and even members of the administration, have called on President Bush to close Guantánamo. Restoring habeas corpus for all detainees is a critical first step toward insuring that innocents are freed and real terrorists are punished.
Several House and Senate bills have been introduced that would restore habeas, undo much of the damage caused by the Military Commissions Act, or close the prison at Guantánamo Bay. Details and links .
What You Can Do. This June, organizations across the country will be holding events and legislative visits aimed at restoring habeas corpus and ending U.S. complicity in torture. On June 23, there will be a 24-hour vigil in Lafayette Park, near the White House, organized by Torture Abolition and Survivors Support Coalition (TASSC) International. Vigils will be held in other cities as well. On June 26, constituents will lobby their members of Congress in Washington, DC, and in district offices to restore habeas corpus and reverse the Military Commissions Act.
BORDC will post links on our website, for information on these and other June initiatives to restore habeas corpus and to outlaw torture.
If you are planning to take part in these or other June activities to bring justice to all detainees and end U.S. complicity in torture, please let us know, so we can share information about your actions to inspire others. Please contact Hope Marston, hmarston@bordc.org, if you live west of the Mississippi River, and Ben Grosscupp, ben@bordc.org, if you live east of the Mississippi River.
When President Bush promises to bring terrorists to justice, the key question is: What does he mean by "terrorist" and "justice"? The current controversy over former CIA agent Luis Posada Carriles, who allegedly planned the 1976 bombing of a Cuban passenger jet that killed 73 people and is suspected of bombing several Cuban hotels, suggests that the political agenda of the executive branch, rather than any common standard, determines who is a terrorist.
On May 8, a federal judge dropped 2005 immigration charges against Carriles. No other charges have been filed against him in the U.S. A federal judge had ruled earlier that Carriles cannot be extradited to Venezuela to stand trial because he could be tortured there. So now this man, Carriles, widely considered an international terrorist, walks freely on the streets of Miami. Carriles's treatment contrasts starkly to the U.S. government's kidnapping and "rendition" of non-terrorists Maher Arar and Khaled el-Masri to countries that torture.
As the administration protects Carriles from facing terrorist charges, it has filed a motion to dismiss all Guantánamo detainee habeas cases on the grounds that, pursuant to the Military Commissions Act, the U.S. District Court for the District of Columbia "lacks jurisdiction over the detention-related claims of aliens held as enemy combatants at the United States Naval Base at Guantánamo Bay, Cuba".
Evidence that even one detainee at Guantánamo, much less hundreds, were wrongly held there should be sufficient proof for Congress that selective justice does not work and that it makes our country and the world a much more dangerous place. Government leaders around the world, including close allies and even members of the administration, have called on President Bush to close Guantánamo. Restoring habeas corpus for all detainees is a critical first step toward insuring that innocents are freed and real terrorists are punished.
Several House and Senate bills have been introduced that would restore habeas, undo much of the damage caused by the Military Commissions Act, or close the prison at Guantánamo Bay. Details and links .
What You Can Do. This June, organizations across the country will be holding events and legislative visits aimed at restoring habeas corpus and ending U.S. complicity in torture. On June 23, there will be a 24-hour vigil in Lafayette Park, near the White House, organized by Torture Abolition and Survivors Support Coalition (TASSC) International. Vigils will be held in other cities as well. On June 26, constituents will lobby their members of Congress in Washington, DC, and in district offices to restore habeas corpus and reverse the Military Commissions Act.
BORDC will post links on our website, for information on these and other June initiatives to restore habeas corpus and to outlaw torture.
If you are planning to take part in these or other June activities to bring justice to all detainees and end U.S. complicity in torture, please let us know, so we can share information about your actions to inspire others. Please contact Hope Marston, hmarston@bordc.org, if you live west of the Mississippi River, and Ben Grosscupp, ben@bordc.org, if you live east of the Mississippi River.
Wednesday, May 9
I Want My Habeus Corpus
Talk Left reports that the Congressional Armed Services Committee is considering restoring habeus corpus in the Defense Department Authorization Bill. It serves to replay this Keith Olbermann commentary then contact Dave Loebsack and ask him to support restoring habeus corpus for all.
Friday, March 16
Why MCA?
On Wednesday, March 21, join the Bill of Rights Defense Committee and millions of our allies throughout the U.S. in an overwhelming grassroots repudiation of the Military Commissions Act!
The Military Commissions Act (MCA):
- Legalizes the President's ability to name anyone in the world an "unlawful enemy combatant" and to detain them indefinitely, denying them basic rights, including due process of law, - Denies habeas corpus--the right for a detainee to challenge his or her detention before an impartial judge--to anyone who is not a U.S. citizen,
- Allows detainees to be convicted on the basis of secret and hearsay evidence, and testimony gained from the detainee through torture and coercion, and
- Permits the executive branch to ignore the Geneva Conventions.
The Message: Please phone both your Senators and your Representative (find their contact information here) and urge them to:
- Co-sponsor legislation restoring habeas corpus and other fundamental rights abolished by the MCA (see bill numbers below).
- Seek out Republican co-sponsors for legislation restoring habeas corpus.
- Hold hearings on legislation that would repeal key provisions of the MCA.
- Speak out publicly on the importance of a thorough restoration to our vanishing rights.
Proposed Legislation includes bills to restore or preserve habeas corpus and bills to partially dismantle the Military Commissions Act (MCA):
S. 576 (Sen. Christopher Dodd) and H.R. 1415 (Reps. Jerrold Nadler and Jane Harman), Restoring the Constitution Act of 2007, would not only restore the right of habeas corpus for those detained by the United States, but would also do the following:
- Prohibit testimony gained by torture or coercion,
- Narrow the definition of enemy combatant,
- Reassert the Geneva Conventions,
- Provide for expedited judicial review of Military Commissions Act
Bills that would restore habeas corpus alone:
S. 185 (Senators Patrick Leahy and Arlen Specter), the Habeas Corpus Restoration Act of 2007, would restore the right of habeas corpus for those detained by the United States.
H.R. 1416 (Reps. Jerrold Nadler and Jane Harman), Habeas Corpus Restoration Act of 2007 (House version of Senate bill S. 185 above).
H.R. 267 (Rep. Sheila Jackson Lee), the Military Commissions Habeas Corpus Restoration Act of 2007, would restore the right of habeas corpus for those detained by the United States.
H.R. 1189 (Rep. David Wu), To Preserve the Right of Habeas Corpus, would restore the right of habeas corpus for all U.S. legal residents.
Make Sure Your Voice is Heard!
Click here for talking points and a link to a flyer you can print and distribute.
On Wednesday, March 21, 2007, call the Capitol switchboard, 202-224-3121, and ask the operator to connect you (24 hours a day) or call your legislators directly (find their Washington office phone numbers at http://www.democracyinaction.org/dia/track.jsp?key=303219523&url_num=3&url=http://www.visi.com/juan/congress/).
For more information about the MCA, click here.
The Military Commissions Act (MCA):
- Legalizes the President's ability to name anyone in the world an "unlawful enemy combatant" and to detain them indefinitely, denying them basic rights, including due process of law, - Denies habeas corpus--the right for a detainee to challenge his or her detention before an impartial judge--to anyone who is not a U.S. citizen,
- Allows detainees to be convicted on the basis of secret and hearsay evidence, and testimony gained from the detainee through torture and coercion, and
- Permits the executive branch to ignore the Geneva Conventions.
The Message: Please phone both your Senators and your Representative (find their contact information here) and urge them to:
- Co-sponsor legislation restoring habeas corpus and other fundamental rights abolished by the MCA (see bill numbers below).
- Seek out Republican co-sponsors for legislation restoring habeas corpus.
- Hold hearings on legislation that would repeal key provisions of the MCA.
- Speak out publicly on the importance of a thorough restoration to our vanishing rights.
Proposed Legislation includes bills to restore or preserve habeas corpus and bills to partially dismantle the Military Commissions Act (MCA):
S. 576 (Sen. Christopher Dodd) and H.R. 1415 (Reps. Jerrold Nadler and Jane Harman), Restoring the Constitution Act of 2007, would not only restore the right of habeas corpus for those detained by the United States, but would also do the following:
- Prohibit testimony gained by torture or coercion,
- Narrow the definition of enemy combatant,
- Reassert the Geneva Conventions,
- Provide for expedited judicial review of Military Commissions Act
Bills that would restore habeas corpus alone:
S. 185 (Senators Patrick Leahy and Arlen Specter), the Habeas Corpus Restoration Act of 2007, would restore the right of habeas corpus for those detained by the United States.
H.R. 1416 (Reps. Jerrold Nadler and Jane Harman), Habeas Corpus Restoration Act of 2007 (House version of Senate bill S. 185 above).
H.R. 267 (Rep. Sheila Jackson Lee), the Military Commissions Habeas Corpus Restoration Act of 2007, would restore the right of habeas corpus for those detained by the United States.
H.R. 1189 (Rep. David Wu), To Preserve the Right of Habeas Corpus, would restore the right of habeas corpus for all U.S. legal residents.
Make Sure Your Voice is Heard!
Click here for talking points and a link to a flyer you can print and distribute.
On Wednesday, March 21, 2007, call the Capitol switchboard, 202-224-3121, and ask the operator to connect you (24 hours a day) or call your legislators directly (find their Washington office phone numbers at http://www.democracyinaction.org/dia/track.jsp?key=303219523&url_num=3&url=http://www.visi.com/juan/congress/).
For more information about the MCA, click here.
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