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December 7, 2006
Senate judiciary leaders introduce bill
to restore habeas rights for detainees
US Senator Arlen Specter (R-PA), outgoing chairman of the Senate Judiciary Committee, and current ranking member of the committee Senator Patrick Leahy (D-VT) have introduced a bill which would restore habeas corpus rights to military detainees and amend the Military Commissions Act of 2006 (MCA).
This bill would restore the great writ of habeas corpus, a cornerstone of American liberty for hundreds of years that Congress and the President rolled back in an unprecedented and unnecessary way with September's Military Commissions Act.
Habeas corpus provides a remedy against arbitrary detentions and constitutional violations. It guarantees an opportunity to go to court, with the aid of a lawyer, to prove one's innocence. The Military Commissions Act eliminated that right, permanently, for any non-citizen determined to be an enemy combatant, or even "awaiting" such a determination.
Introducing the bill Senator Leahy said: This bill would restore the great writ of habeas corpus, a cornerstone of American liberty for hundreds of years that Congress and the President rolled back in an unprecedented and unnecessary way with September's Military Commissions Act. Habeas corpus provides a remedy against arbitrary detentions and constitutional violations. It guarantees an opportunity to go to court, with the aid of a lawyer, to prove one's innocence. The Military Commissions Act eliminated that right, permanently, for any non-citizen determined to be an enemy combatant, or even "awaiting" such a determination. That includes the approximately 12 million lawful permanent residents in the United States today, people who work for American firms, raise American kids, and pay American taxes.
Senator Lindsey Graham, a South Carolina Republican who helped craft the detainee legislation, said he would oppose the move.
Since its passage, the MCA has come under fire not only from Democrats but also from the judiciary, human rights groups and foreign countries. Lawyers representing detainees at Guantanamo Bay petitioned the US Court of Appeals for the District of Columbia Circuit in early November to declare the suspension of habeas rights unconstitutional. In an amicus brief in the case, seven retired federal judges urged the appeals court to rule that parts of the MCA violate the Constitution.
The measure to restore the right of habeas corpus has almost no chance of passing before Congress adjourns this week, but the message is clear: When Democrats take over in early January, the issue could resurface. (Source media reports)
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