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Monday, November 14, 2005
Right to Habeas Corpus
O
n Capitol Hill, the Senate is coming under increased criticism for hastily voting last week to overturn a Supreme Court ruling on the rights of detainees held at Guantanamo Bay. By a 49 to 42 vote, the Senate agreed to strip detainees of their right to challenge their detention in federal courts, eliminating their writ of habeas corpus. The measure only passed because it received support from five Democrats: Joseph Lieberman of Connecticut, Mary Landrieu of Louisiana, Ben Nelson of Nebraska, Kent Conrad of North Dakota and Ron Wyden of Oregon.
N
ow Democratic Senator Jeff Bingaman of New Mexico is planning to put forward an amendment as early as today to reverse the Senate's vote. Meanwhile former military officials are also criticizing the decision to strip detainees of their right to habeas corpus. John Hutson, a retired rear admiral, is collecting signatures from about 60 former officers who oppose the proposal. The National Institute of Military Justice has also announced its opposition to the measures.
A
ttorneys and legal historians have noted that the right to habeas corpus dates back 800 years. Attorneys Jeremy Hirsh and Timothy Fisher write "Since the time of the Magna Carta, the rule of law has meant that a person may not be imprisoned without a lawful reason, and now is no time for us to deviate from that rule of law."
Posted by fm on November 14, 2005 at 12:32 AM