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Habeas Corpus on Life Support
Author: BobR    Date: 03/26/2008 12:43:46

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.


- Ammendments V and VI of the U.S. Constitution...

So what does this mean for U.S. Citizens detained overseas by U.S. forces? Apparently, nothing. Numerous Americans have been "captured" by U.S. forces, including Yaser Hamdi in 2001 (son of a Saudi Arabian oil worker) and Bilal Hussein in 2006 (AP Photographer):
The Supreme Court hears arguments Tuesday in a case that could significantly affect the legal rights of American civilians captured in Iraq.
The dispute tests whether U.S. citizens taken into custody and held by the U.S. military have access to federal courts to challenge their detention. It was brought by two Arab-Americans in custody in Baghdad, one of whom an Iraqi court sentenced to death for an alleged kidnapping.

Normally, U.S. citizens have a right to challenge their detention before a judge. The U.S. government says the men should be denied a hearing because they are officially held by the Multi-National Force-Iraq, a United Nations-mandated force led by the United States but joined by many countries...

So who are these other two, and what is the Bush Administration's argument? In another example of the loss of habeas corpus:
Separately detained by American-led military forces in Iraq, Mohammad Munaf and Shwaqi Omar are U.S. citizens who seek access to the basic procedural safeguards afforded by the Constitution – judicial review of their detention through the writ of habeas corpus. Together, both cases ask the Court to adopt a firm rule that allows an American citizen to challenge his or her detention in federal court whenever he or she is held in the custody of American officials...

------

Attorneys for the Bush Administration have argued that the American military personnel detaining Mr. Munaf and Mr. Omar are participating in a multi-national force, and that consequently, United States courts have no jurisdiction to consider the challenges to these detentions. But the executive branch’s position would create perverse incentives to detain American citizens under the auspices of multinational military operations as a way to circumvent judicial review. Contrary to the Administration’s arguments, U.S. authorities should not be permitted to indefinitely hold and interrogate American citizens simply because the arresting forces operate with a United Nations or similar international mandate. Indeed, such interpretations would allow the government to arrest American citizens around the world with impunity and deny them the due process rights afforded by their national judicial system simply by convening the arresting authority under an international charter.
(bold-face mine)

How will the Supreme Court rule? If another recent ruling is any indication, it won't be in favor of the accused:
States win over President on criminal law issue:
The Supreme Court, in a sweeping rejection of claims of power in the presidency, ruled 6-3 on Tuesday that the President does not have the authority to order states to relax their criminal procedures to obey a ruling of the World Court. The decision came in the case of Medellin v. Texas (06-984). Neither a World Court decision requiring U.S. states to provide new review of criminal cases involving foreign nationals, nor a memo by President Bush seeking to enforce the World Court ruling, preempts state law restrictions on challenges to convictions, the Court said in a ruling written by Chief Justice John G. Roberts, Jr.

On first blush, this seems like the SCOTUS rebuked the power of the Executive branch, which is a good thing. The problem is, this time, the Bush Administration was doing the right thing. They were trying to ensure the individual states adhered to a treaty signed by the United States, one that prevents states like Texas from executing foreigners without ensuring they got a fair trial.

This is another example of why it is so important we get a Democrat (and a REAL one, not a fake one) in the White House - the SCOTUS is the last hope for the oppressed, and that hope is dwindling...

 

292 comments (Latest Comment: 03/27/2008 03:15:10 by IzzyBitz)
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Comment by jd_in_ny on 03/26/2008 13:20:16
Good morning!



Neil Cavuto is giving me a headache. It's too early for this kind of prissy idiocy.

Comment by Raine on 03/26/2008 13:24:46
Good Morning!



:clap: nice suodn mix from Shane, and yes... NEil Cavuto is NOT one I want to hear so early in the morning.







Comment by BobR on 03/26/2008 13:34:23
In a sea of insincerity, Neil Cavuto is Poseidon

Comment by TriSec on 03/26/2008 13:37:59
:ph34r:



Comment by velveeta jones on 03/26/2008 13:38:00
Good morning all. :yawn:



Have I told all of you that I hate ya'll for your freedoms?



:P





Other than that. AWESOME blog!! :clap:

Comment by Raine on 03/26/2008 13:39:58
Paul Begala?!?!?!



HE comes across as a lot of things, but he never seemed to be a rough guy.

Comment by Raine on 03/26/2008 13:41:07
Well we ARE a vile lefty blog...

Comment by starling310 on 03/26/2008 13:43:24
It amazes me that the only place I find news is on our lovely blog.

I am exhausted; completely tired from the Primary News cycle. Baghdad is burning. Tibet is making a real effort to declare their autonomy. The United States is about to have a Domestic Refugee problem with those seeking refuge being our own citizens, put on the street by a questionable mortgage, energy they couldn't afford, the loss of a job that is now being done by someone in China. We are, most likely, still being wire tapped. Our environment is still in dire straits. Yet, I turn on "the news" and am bombarded with the latest Clinton-Obama smackdown. We have become more concerned with gaffes and verbal missteps than the fact that we, as a world community, are at some very important impasses; of which, making the wrong decisions can have historical reprecussions.

I love Momma and the mooks. You all know that, but listening lately just drives the point home that, as Randi would say, "The News has been cancelled." For 3 hours in the morning, I sit and listen to Hillary v. Obama and it is really making me sad; sad to know that they are pulling their material from the previous day's news and that has become a one trick pony!



[/rant]

Comment by TriSec on 03/26/2008 13:50:02
Everyone stop at noon and look under the buttons and watch the clock tick to 299 days, mmmkay?





Comment by starling310 on 03/26/2008 13:50:34
Velveeta! Chris loves !!!!



PRAISE CHEESUS! And, MRS. CHEESUS TOO!



Comment by starling310 on 03/26/2008 13:51:35
Quote by TriSec:

Everyone stop at noon and look under the buttons and watch the clock tick to 299 days, mmmkay?





My backwards clock is already at 299 days. It must be in as much of hurry as we are!!!



Comment by Raine on 03/26/2008 13:52:07
Good Morning ....





I understand. I want this primary over soon and NOW. we have gone from discussing the actual issues to one scandal after another. We once suffered from an embarrassment of issues, now it is just embarrassing.







Comment by BobR on 03/26/2008 13:52:08
Quote by starling310:

Velveeta! Chris loves !!!!



PRAISE CHEESUS! And, MRS. CHEESUS TOO!



They're sacrilicious!



(now available in cool ranch!)

Comment by starling310 on 03/26/2008 13:52:16
I find it f*cking comical that we are STILL TALKING ABOUT REVEREND WRIGHT!!!!



Comment by Raine on 03/26/2008 13:54:08
Oy with the Cheesus Jokes! :D

Comment by starling310 on 03/26/2008 13:55:25
Quote by Raine:

Good Morning ....





I understand. I want this primary over soon and NOW. we have gone from discussing the actual issues to one scandal after another. We once suffered from an embarrassment of issues, now it is just embarrassing.









I don't care about the Primary being over. I just want it to be a blip on the news radar when there is so many more important things going on. We are going to elect, who we elect. Period. Hillary is padding her resume. Move on. McSame is crazy, but if you want to vote for him, go ahead. Move on. Obama goes to church and varies in his agreement with his preacher. MOVE THE F*CK ON!!!!



p.s. Raine...the above statements are not directed at you.







Comment by Raine on 03/26/2008 13:55:40
Quote by starling310:

I find it f*cking comical that we are STILL TALKING ABOUT REVEREND WRIGHT!!!!

I find it disgusting that Hillary decided to make it an issue again.



This was, with the exception of the Faux noos club, out of the fricking news cycle!



Comment by velveeta jones on 03/26/2008 13:55:57
Oh puleeze Hillary.................. what an asinine thing to say!!

Comment by Raine on 03/26/2008 13:56:32
I think that perhpas the news should question how she took credit for bringing peace to Northern Ireland. ;)

Comment by Raine on 03/26/2008 13:57:49
:star: I knew they weren't directed at anyoen here. I do. You dunna need a disclaimer.

Comment by jd_in_ny on 03/26/2008 13:57:54
the blue dress isn't something I WANT to hear about again - it's a low blow -- but many a woman said that they would not stand by her husband if he cheated and humiliated her in such a public fashion. You CAN choose to not be married anymore...

Comment by starling310 on 03/26/2008 13:58:50
In staying with the Cheese Theme; a strange story from NPR. Cheese Heroin?

Comment by jd_in_ny on 03/26/2008 13:59:30
I hate this primary now, too. So depressing.

Comment by starling310 on 03/26/2008 14:00:10
Quote by Raine:

:star: I knew they weren't directed at anyoen here. I do. You dunna need a disclaimer.




Thank you Dahlink!



I think I am gonna go listen to the 'Fresh Air' interview with Tracy Ullman. I am too cranky for PrimaryGate.





Comment by starling310 on 03/26/2008 14:00:46
Quote by jd_in_ny:

I hate this primary now, too. So depressing.




Oh no...I am bringin' down da blog.



Comment by Raine on 03/26/2008 14:02:32
So, how about Hillary sittiing down for a photo op with Richard Mellon Sciaffe? With was up with that one? When she said she was the *vistim* of a vast right conspiracy, she was talking about him and his newspaper who were trying to m,ake the case that Hillary Killed Vince Foster.



NICE, huh? ain't that loverly?







Comment by livingonli on 03/26/2008 14:02:36
Good morning everyone.



I think this working late (and eating late) is not doing my stomach much good.

Comment by wickedpam on 03/26/2008 14:02:53
Morning :hug:

Comment by jd_in_ny on 03/26/2008 14:03:15
Quote by starling310:

Quote by jd_in_ny:

I hate this primary now, too. So depressing.




Oh no...I am bringin' down da blog.



not you!

Comment by livingonli on 03/26/2008 14:03:41
Quote by BobR:

In a sea of insincerity, Neil Cavuto is Poseidon


True Dat!

Comment by Raine on 03/26/2008 14:06:17
Quote by starling310:

Quote by jd_in_ny:

I hate this primary now, too. So depressing.




Oh no...I am bringin' down da blog.

No -- the Primary is bringing down the Blog. I keep praying that people will come to thier senses.











Comment by Raine on 03/26/2008 14:10:49
:puke:

Comment by livingonli on 03/26/2008 14:11:49
Why does this whole primary distraction from the rest of the news make this feel like it's the last days of the Roman Empire? (Or at least how they felt in those waning days)

Comment by velveeta jones on 03/26/2008 14:13:45
BOTOX - the 2nd most deadly known toxin on earth. A biological agent that could kill millions!



And silly people put that crap in their face!



And then soon look like they are permanently scared! :lol:

Comment by starling310 on 03/26/2008 14:14:19
Tracy Ullman talking about her Citizenship test and how you have to study Civics.

Interesting. . . Naturalized Citizens probably know more than people born into it.



Comment by BobR on 03/26/2008 14:15:54
Quote by Raine:

No -- the Primary is bringing down the Blog. I keep praying that people will come to thier senses.



Obama goes on vacation, and Hillary sucks all the hope out of the room. When he comes back, it will be like a breath of fresh air. Hopefully, the voters in PA will recognize that.



EDIT: Perhaps they already are...

Comment by livingonli on 03/26/2008 14:16:16
If Hillary is going to bring up Pastor Wright, can we bring up her association with "The Family"?

Comment by livingonli on 03/26/2008 14:17:44
http://images.salon.com/comics/tomo/2008/03/24/tomo/story.jpg


Comment by BobR on 03/26/2008 14:18:45
Quote by BobR:



Obama goes on vacation, and Hillary sucks all the hope out of the room. When he comes back, it will be like a breath of fresh air. Hopefully, the voters in PA will recognize that.



EDIT: Perhaps they already are...


a little late on the edit... :whistling:

Comment by starling310 on 03/26/2008 14:19:20
:: terry gross :: :sleeping:





:thud:

Comment by Raine on 03/26/2008 14:20:48
Oh der leader makes me smile everytime!

Comment by wickedpam on 03/26/2008 14:21:10
Quote by starling310:

Tracy Ullman talking about her Citizenship test and how you have to study Civics.

Interesting. . . Naturalized Citizens probably know more than people born into it.







I know two people who have taken the citizenship test and they know vastly more then the average guy on the street about this country. Sad really.



I don't know how people born here can profess to love this country so much and know so little about it.

Comment by Raine on 03/26/2008 14:23:52




No. More. Reverand Wright EVAH!!!

Comment by livingonli on 03/26/2008 14:24:05
Quote by wickedpam:

Quote by starling310:

Tracy Ullman talking about her Citizenship test and how you have to study Civics.

Interesting. . . Naturalized Citizens probably know more than people born into it.







I know two people who have taken the citizenship test and they know vastly more then the average guy on the street about this country. Sad really.



I don't know how people born here can profess to love this country so much and know so little about it.


Who remembers that Simpsons episode where Springfield was rounding up the illegal aliens as scapegoats while Apu frantically studies for his citizenship test. It was important for him to forget everything Homer said.

Comment by livingonli on 03/26/2008 14:26:30
If this keeps up, the only way for the Democrats to win the White House would be if the economy collapses, Iraq turns into a total shit-storm and Bush starts bombing Iran as well ensuring a total collapse that would keep anyone with half a brain from voting Republican.



If it comes down to that, this country is fucked.

Comment by Raine on 03/26/2008 14:28:17
Quote by livingonli:

If Hillary is going to bring up Pastor Wright, can we bring up her association with "The Family"?


I am wonderign if Momma has at least READ these articles. Last night on Cavuto, I think it wouold have helped.







Comment by livingonli on 03/26/2008 14:29:55
Quote by Raine:

Quote by livingonli:

If Hillary is going to bring up Pastor Wright, can we bring up her association with "The Family"?


I am wonderign if Momma has at least READ these articles. Last night on Cavuto, I think it wouold have helped.







I don't think she has. She seems to feel it's just tit-for-tat.

Comment by livingonli on 03/26/2008 14:35:57
I do remember one of the neo-con pundits saying that if a Republican can't win that they should back Hillary because she would be closest in supporting her agenda.

Comment by Mondobubba on 03/26/2008 14:39:45
Quote by starling310:

:: terry gross :: :sleeping:





:thud:






Don't you be hating on La Gross! She is freaking great!

Comment by Raine on 03/26/2008 14:41:23
*sigh* SIGH* SIGH!!!!!





This STOPPED being an issue until HILLARY brought it up! GAH!!!