Restore Habeas Corpus

By Robert Rouse

"I suppose we should just suspend the Supreme Court. Especially when we have Senators who, when they don't agree with the rulings, simply add an amendment to a bill to nullify a court ruling.

"Warmonger extraordinaire, Sen. Lindsey Graham ... of the great forward thinking state of South Carolina took it upon himself to make sure that detainees at Guantanimo [sic] Bay and other Double Super Secret Konzentrationslagers around the world never see a judge or an attorney. You see, in 2004, the Supreme Court decided it was wrong to strip these prisoners of their right to plead for their freedom in Federal court. Bush and the right strongly believe that these prisoners - some of them American citizens - should not have the right to petition the court with Habeas Corpus. The problem is, several of these prisoners never did anything wrong. They were simply rounded up because someone collected a bounty on "suspected terrorists". This from the country that supposedly states that we are all innocent until proven guilty. However, Bush and the 'Subjugation Congregation' refuse to follow that line of thinking. They tend to believe that prisoners are guilty until proven dead.

It is now less than a year before the next midterm elections. I believe we need to send a strong message by voting out anyone who supports this bill -- no matter the party -- there is still a little thing called the primary. And while not all the Senators are up for re-election in 2006, they soon will be. The vote in the Senate mostly followed party lines, but there were a few Democrats who jumped ship like the rats they are and voted for the bill as well. Those Democrats are Kent Conrad of North Dakota, Mary Landrieu of Louisiana, Joe Lieberman of Connecticut, Ben Nelson of Nebraska, and Ron Wyden of Oregon.

"The sad thing is, a year ago, I was complaining about all the people who were comparing the Bush administration with fascist governments of the past, but the more I read about stuff like suspending Habeas Corpus, torture and entering our homes without due cause, the more I can see where people might start making those assumptions.

"If we don't change our actions soon, it may be too late to repair our tarnished image with the world community. Call your Senators and tell them that you demand they support Senate Bill 2517. This is Sen. Jeff Bingaman's (D-NM) amendment that will once again restore Habeas rights. Or, you can can go to one of two sites, Million Phone March and The Center for Constitutional Rights. You know it's the right thing to do."
Restore Habeas Corpus

Habeas Corpus article :: Habeas corpus defined at Wikipedia :: Google News habeas corpus

"Can someone explain to me why an innocent man, someone who the military itself acknowledges committed no offense and presents no threat, is being held without charge at Gitmo?And then, can someone explain to me why the United States Senate has stripped that man (and others) of the right to habeas corpus? Finally, can anyone explain to me how it is that my lunch is staying down?" Source

Habeas corpus in Australia (Wikipedia)
Although the writ of habeas corpus as a procedural remedy is part of Australia's English law inheritance, recently proposed legislation if enacted would severely restrict the efficacity of that remedy.
In October 2005, the Australian Federal Government under the leadership of Prime Minister John Howard, proposed the Federal Anti-Terrorism Bill 2005. Before the bills are introduced for debate in the Australian Parliament, the draft has been forwarded to the States and Territories for approval.
The proposed legislation is currently being debated in both the Federal and State parliaments and some legal experts have stated that the Act is unconstitutional because it abolishes habeas corpus, due process, and the presumption of innocence. Some Solicitors-General also consider the Act violates the separation of powers. Under the Act, a person can be detained without charge or trial for a period of one year. Amendments made that were proposed by some Liberal backbenchers and Premiers include a greater right of appeal of a detained person, and the case to be considered on the basis of merit, rather than points of law.
The proposed Federal Anti-Terrorism Bill 2005 is considered contrary to habeas corpus because it allows people to be imprisoned by a decision of the executive branch of government rather than the judiciary, to be imprisoned indefinitely without charge or trial, and it makes it an offence to even talk about somebody being imprisoned. One of the more controversial aspects of the legislation is the requirement that a parent, if informed of their child's detention, may not inform any further person, including the other parent. This clause also applies to detention of adults.


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