Christopher Dodd introduces a bill to roll back the MCA

Christopher Dodd has introduced a bill that would undo the damage of the Military Commissions Act. In particular, it restores the right of habeas corpus to detainees. You can become a citizen cosponsor of the bill by clicking here.

There is also a charming video of Dodd explaining the act. He's at his desk, with his tie loosened, and a half full Styrofoam cup of coffee in front of him. I don't know if the look is deliberate, but it does project a "hard working legislator" image.

Alberto Gonzales Explains it all for you.

It's so simple, I don't see how any of us could have missed it! The constitution doesn't grant habeas corpus after all. See, article 1 section 9 says: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." But wait, it doesn't say that we *have* the right to habeas; it just says that *if* we had that right, the government couldn't take it away. Here, let Gonzales explain: “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended...”

via TNR via unfogged

Habeus developments

The Supremesa district court has issued a new ruling in the Hamdan case. LizardBreath blogs it here. As she reads it, it is a good news/bad news case. Good news: RobertsRobertson, the district court judge, agrees that the military commissions act cannot deny habeas rights to anyone who has them under the constitution because there is neither invasion nor rebellion going on right now. Bad news: Robertson doesn't think Hamdan had habeas rights to begin with. You can't deny habeas rights to citizens, no matter where they are, and you can't deny anyone habeas rights if they are on US soil, but you can deny non-citizens habeas rights overseas. The discussion at Unfogged includes much back linking to Obsidian Wings, where CharleyCarp is putting up the argument that this goes against the habeas rights in English common law. This remark about the English laws that formed the basis of modern habeas rights gets featured

More to the policy end of things, one of the main reasons for the 1679 act was the crown's policy of intentionally placing prisoners beyond the reach of the writ, so that it would not have to justify its conduct in a court of law. This was tyranny then, and it's tyranny now: there is (imo) and should be no place on earth where the American Executive is free of the constraints of the legal document that created it.

Andrew Sullivan on Jose Padilla

In the Time of London. Via Steve H on the SOC list.

Search string: "is habeas corpus a right"

Someone just got here from a yahoo search for the exact phrase "is habeas corpus a right." The answer is "You're damn right it is, motherfucker."

Gus diZerega's list of torture posts

Below is a list from Gus diZerega of good posts on torture and the death of Habeas Corpus

I list below some of the best of the pieces that have appeared in the blogosphere, especially when you follow up on links (as I did to list the LA Times piece).

If you find my list useful I encourage you to pass it on to others.

Glenn Greenwald, a first amendment attorney, has at least four excellent pieces:

http://glenngreenwald.blogspot.com/2006/09/mark-steyn-and-hugh-hewitt-reveal-true.html

http://glenngreenwald.blogspot.com/2006/09/george-bushs-vast-new-powers-of.html

http://glenngreenwald.blogspot.com/2006/09/legalization-of-torture-an_115945829460324274.html


http://glenngreenwald.blogspot.com/2006/09/democrats-and-torture-bill.html
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Hullabaloo, a very good essay-oriented blog, has several good ones:

You’re your Place
http://digbysblog.blogspot.com/2006_09_01_digbysblog_archive.html#115959192826264610


Who Cares What the Supreme Court Says?
http://digbysblog.blogspot.com/2006_09_01_digbysblog_archive.html#115961125995896230


It’s Getting Hot in Here
http://digbysblog.blogspot.com/2006_09_01_digbysblog_archive.html#115957779617326390


Rogue Presidency
http://digbysblog.blogspot.com/2006_09_01_digbysblog_archive.html#115944912295724580


Trusting Huck
http://digbysblog.blogspot.com/2006_09_01_digbysblog_archive.html#115939774685941073

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From FireDog Lake, another blog, whose over-seer, Jane Hamsher, is an attorney and former prosecutor.
Late nite FDL: Torture Doesn’t Work
http://www.firedoglake.com/2006/09/28/late-nite-fdl-because-torture-doesnt-work/


Well Here’s a Question (on Constitution and habeus corpus)
http://www.firedoglake.com/2006/09/28/well-heres-a-question/#more-4708
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Eschaton (Atrios), one of the best moderate progressive blogs, listed the contents of Hillary Clinton and Barak Obama's speeches against the legislation. I particularly liked Clinton comparing this crowd with George Washington.

Hillary Clinton’s speech on the torture bill (it’s good)
http://atrios.blogspot.com/2006_09_24_atrios_archive.html#115947389727117828


Obama’s speech on the bill
http://atrios.blogspot.com/2006_09_24_atrios_archive.html#115947158222373263

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Mark Kleiman, a very sharp scholar at UCLA hosts The Reality- based Community

Lies, secrets and Torture, part 153
http://www.samefacts.com/archives/torture_/2006/09/lies_secrets_and_torture_part_153.php

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I discovered Bruce Ackerman's piece in the LA Times via the blogosphere

The White House Warden
http://www.latimes.com/news/opinion/la-oe-ackerman28sep28,0,619852.story?coll=la-opinion-rightrail

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From Obsidian Wings:
We Can All Be Enemy Combatants
http://obsidianwings.blogs.com/obsidian_wings/2006/09/we_can_all_be_e.html
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And some conservatives still remember that their care for the constitution and genuine values amounts to more than pretty packaging. See John Cole, an intelligent conservative Republican at Balloon Juice

Just a Refresher
http://www.balloon-juice.com/?p=7389