Habeas Corpus To Habeas Corpse

By Rowan Wolf of Uncommon Thought Journal

President Bush signed the Military Commissions Act of 2006 on Tuesday 10/17/2006. With that signing, both the rules of human treatment of prisoners and captives, and the rule of habeas corpus became things of the past in the Untied States. As noted in LectLaw:

The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is “the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.” Harris v. Nelson, 394 U.S. 286, 290-91 (1969)


Keith Olbermann on Countdown addressed this loss in his in three pieces on MSNBC.com:
Habeus Corpus 1 on 10/09/06
Habeus Corpus 2 on 10/17/06
Habeus Corpus 3 on 10/18/06.

Thank you Keith Olbermann for pounding this issue.

For background, I wrote Win-Win-Lose The Constitution on 9/23/06 on the vote on this legislation. TO not reiterate too much, the new law does two things that are of note. First, it is an attempt to protect the Bush administration for prosecution and impeachment for violation of U.S. law, and under the Geneva COnvention. Second, it turn the president of the United States from an elected official accountable to Congress, the legal system, and the people, into a despot who can lock up anyone he chooses – forever – without access to justice. In the process, it gives the rubber stamp to the use of torture, and the use of “evidence” gained under in court (also in the guise of “secret” evidence).

It is still to be seen whether a court that now has members who have argued voluably for the concept of the “unitary executive” (or this one), will challenge the law.

In my opinion, the U.S. has just transformed from a failing democratic state, to a failed democratic state. I am sad to say, and I apologize to the youth and future generations …

It happened on our watch

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Published in: on 10/19/2006 at 4:48 pm  Comments (2)  

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2 CommentsLeave a comment

  1. Everyone got distracted with Foley. As the Foley/Hastert event unraveled, everyone forgot that we just lost Habeas Corpus a mere 3 days ago. Anyone, I repeat ANYONE can be an ‘unlawful enemy combatant’, no right to attorney, judges or even a hearing. Add it to the list of curbed rights like caging protestors, conducting warrantless wire-taps, banning books like “America Deceived” from Amazon, stealing private lands and starting 2 illegal wars based on lies. Get the scumbags involved in this Foley/Hastert mess (bet they ALL voted for Iraq war and Patriot Act), and let’s get back to focusing on losing our Constitution.
    Final link (before Google Books caves and drops the title):
    http://www.iuniverse.com/bookstore/book_detail.asp?&isbn=0-595-38523-0

  2. Perhaps Foley was the perfect distraction, a la Karl Rove? Or just a bad coicidence of timing. No matter what, a bad time for America.


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