Something that won't make water cooler talk today, but could be one of the biggest milestones in moving past the audacities of the Bush Administration and back to the Rule of Law.
Back in 2006, the Bush Administration quietly passed a resolution through a Republican House and Republican Senate which, among other things, suspended the writ of habeas corpus. Most people aren't even aware of what this right is because its been taken for granted in the US. Its expected. Possibly because its been the backbone of every legitimate government since 1305. Essentially, the writ of habeas corpus provides that ANYONE being held in detention by their government has the right to be brought before the court with their detainers, "allowing the court to determine whether that custodian has lawful authority to hold that person, or, if not, the person should be released from custody." Long story short, if your government throws you in jail, you have the right to a court hearing where the custodians bear the 'burden of proof' to prove they have the legal authority to keep you. If they cannot, you're a free man.
So, in 2006, our government suspended that right, so they could keep detainees at Guantanamo Bay indefinitely without charging them. This is after the fact they were deemed not to be P.O.W.s, but enemy combatants, and therefore do not have a right to a trial, but only a military tribunal, which is VERY different. You don't have the right to see the charges brought against you, among other things. So really, how do you build a defense against charges you aren't allowed to see? And that's on top of the fact that these tribunals don't have to be open to the public, the accused do NOT have a right to a lawyer (a military lawyer is appointed for them), the accused DO NOT have a right to see the evidence against them, and the ruling can't be appealed to federal courts. If the tribunal isn't going the way the military likes, they have the right to end it permanently at any time without explanation. And the best for last: The military which has been holding the accused are the Judge, the Jury, and even the final appeal petition goes to who? Oh, the president. At no point in this process do they EVER have an impartial review. Even an acquittal does not guarantee release.
However, today the Supreme Court has overturned that ruling from 2006 that suspended Habeas Corpus, and has said that the detainees DO have the right a full judicial review for their detention. I'm not pro-terrorist, I'm just anti-locking people up and throwing away the key. If we've got a good reason to be holding them, fine. Go nuts. But if we can't come up with a legitimate reason for detaining people.... Is this a 'free country' by the people for the people or is it not? Does the government have the right to put you in jail and not charge you or grant you any chance for appeal?
2 comments:
I can always count on you for some serious education on government, laws, random stuff and thangs. Very interesting, I am in the group of "What, I had no idea!" Agreed, before you go lockin people up you better have a good reason.
the detainees at gitmo aren't US citizens.
(that's a period at the end there)
As I understand it, the 'objection' of these terrorists and lunatics to the Great Satan is quite largely based upon the democratic, equal-opportunity society we created in 1776. Most of what they hate about America is codified in the Constitution and subsequent Amendments.... which some are now attempting to apply to the prisoners of this 'conflict'?
How is a foreign national, suspected of attempting to wreak some sort of damage to the US or its citizens entitled to appeal their conviction for said wreakage in the US court system? Further, if they are truly pure in their belief that we are the infidels shouldn't they refuse to accept their democratic rights on principle alone?
Also, every citizen of the US who volunteers for military service and is accepted becomes subject to the UCMJ in full -- including rights to trial by a military tribunal. It's not new and it's not illegal.
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