http://www.freerepublic.com/tag/habeascorpus/ en-us Wed, 23 Jul 2008 14:48:10 GMT Focus Forum 15 http://www.freerepublic.com/focus/f-news/2049952/posts Suspend the Writ. Those are both my words and the title of commentary this morning by Andrew C. McCarthy, the now former federal prosecutor who led the investigation and related prosecutions of the Landmark bomb plotters, as well as of those who conducted the first attack upon the World Trade Center: For the protection of our troops on the battlefield and the security of all Americans, Congress needs, right now, to take action to reverse Boumediene v. Bush, the Supreme Court’s disastrous decision granting constitutional habeas-corpus rights to alien enemy combatants. It’s time to suspend the writ of habeas corpus.... 911FamilesForAmerica.org http://www.freerepublic.com/focus/f-news/2049952/posts#comment Wed, 23 Jul 2008 14:48:10 GMT http://www.freerepublic.com/focus/f-news/2039536/posts Federal District judges in Washington, D.C., who will handle scores of pending and likely future challenges by Guantanamo Bay detainees to their confinement, decided on Monday to shift them temporarily to one judge to work on ways to coordinate the courts’ response. Attorneys for detainees began receiving notices Tuesday that the judges, in a closed-door session earlier in the day, had agreed that District Judge Thomas F. Hogan would handle “coordination and management” issues. The underlying cases will remain with the individual judges for future action on the merits. The judges acted after holding two meetings with lawyers for the... Scotusblog http://www.freerepublic.com/focus/f-news/2039536/posts#comment Wed, 2 Jul 2008 02:22:41 GMT http://www.freerepublic.com/focus/f-news/2035059/posts The recent Supreme Court decision of Boumediene v. Bush concerning the habeas corpus rights of enemy combatants held at Guantanamo Naval Base illustrates the need for a president who will nominate jurists that follow the Constitution and not their own political ideology. For the first time, the Court has now extended U.S. constitutional rights to foreign nationals residing outside the country. What’s all the more galling is that the recipients of this right were engaged in killing U.S. and coalition forces in Afghanistan and elsewhere. Now, this same court has agreed to hear the petition of a deported Pakistani national... North Star Writers Group http://www.freerepublic.com/focus/f-news/2035059/posts#comment Mon, 23 Jun 2008 14:10:21 GMT http://www.freerepublic.com/focus/f-news/2034551/posts The Supreme Court's decision in Boumediene v. Bush is being hailed in many quarters as a great victory for civil rights and the rule of law. It is not. In fact, it is a watershed in judicial hubris, and in the continuing trend in our society to convert every form of decision making into a lawsuit. For the first time in our history, the Supreme Court has rejected the considered judgment of both the Congress and the president on an issue of national security. The writ of habeas corpus, a bulwark of domestic liberty, has been extended to foreign nationals... WSJ http://www.freerepublic.com/focus/f-news/2034551/posts#comment Sun, 22 Jun 2008 00:49:14 GMT http://www.freerepublic.com/focus/f-news/2034550/posts LAST week’s Supreme Court decision in Boumediene v. Bush settled a key constitutional issue: all prisoners detained at Guantánamo Bay are constitutionally entitled to bring habeas corpus in federal court to challenge the legality of their detention. This 5-4 decision was correct. The conservative justices in the minority were wrong to suggest that the decision constitutes reckless judicial intervention in military matters that the Constitution reserves exclusively for Congress and the president. (Disclosure: I joined in a friend-of-the-court brief filed on the plaintiff’s behalf.) Yet Boumediene is rich in constitutional ironies. In addressing whether non-Americans detained outside the United States... NYT http://www.freerepublic.com/focus/f-news/2034550/posts#comment Sun, 22 Jun 2008 00:47:58 GMT http://www.freerepublic.com/focus/f-news/2034549/posts Our Constitution works best when its custodians--the president, Congress, and the judiciary--behave well. In the matter of suspected "enemy combatants," all three have behaved badly. That's why the Guantanamo Bay prison camp has been such a running sore. Even if Guantanamo ends up being closed, the human-rights and public-relations debacles that it symbolizes will continue until a new president and Congress take a grown-up approach to some extremely thorny problems. Problems such as: What should we do with a Guantanamo detainee who, the best available evidence suggests, is probably a jihadist bent on mass murder but who cannot be convicted... National Journal http://www.freerepublic.com/focus/f-news/2034549/posts#comment Sun, 22 Jun 2008 00:46:26 GMT http://www.freerepublic.com/focus/f-news/2032798/posts Battlefield 'Habeas Corpus'Janet M. LaRueTuesday, June 17, 2008 Here’s my advice to our troops in harm’s way based on the U.S. Supreme Court’s reprehensible ruling June 12, which forces the military to treat enemy fighters captured in combat as if they were caught insider trading on Wall Street. In Boumedine v. Bush and Al Odah v. United States, a 5-4 Court majority declared that illegal enemy jihadists you captured outside America, now being held at Guantanamo Bay, Cuba, have a constitutional right to challenge their confinement in civilian courts inside America. The decision is based on a legal principle called... Townhall.com http://www.freerepublic.com/focus/f-news/2032798/posts#comment Wed, 18 Jun 2008 14:41:45 GMT http://www.freerepublic.com/focus/f-news/2032144/posts The day after the Supreme Court ruled that detainees imprisoned at Guantanamo are entitled to seek habeas corpus hearings, John McCain called it "one of the worst decisions in the history of this country." Well. Does it rank with Dred Scott v. Sanford (1857), which concocted a constitutional right, unmentioned in the document, to own slaves and held that black people have no rights that white people are bound to respect? With Plessy v. Ferguson (1896), which affirmed the constitutionality of legally enforced racial segregation? With Korematsu v. United States (1944), which affirmed the wartime right to sweep American citizens... RCP http://www.freerepublic.com/focus/f-news/2032144/posts#comment Tue, 17 Jun 2008 06:03:49 GMT http://www.freerepublic.com/focus/f-news/2031454/posts So it is extraordinary that during the Bush administration's seven years, nearly all of them a time of war that began on Sept. 11, 2001, the court has been prompted to push back four times. Last week's decision in Boumediene v. Bush, in which the court ruled that prisoners at Guantanamo Bay have a right to challenge their detentions in the federal courts, marks only the most recent rebuke. It is not hard to see why the court has traditionally been so quick to side with presidents during armed conflicts. The justices presumably lack the expertise of White House military... New York Times http://www.freerepublic.com/focus/f-news/2031454/posts#comment Sun, 15 Jun 2008 16:42:48 GMT http://www.freerepublic.com/focus/f-news/2030655/posts Supreme Disgrace Thursday’s Guantánamo Bay decision was a power grab. By Peter Wehner I have now read through the Supreme Court’s decision, as well as the dissents, in Boumediene v. Bush, in which the Court held that foreign terrorism suspects held at Guantánamo Bay have constitutional rights to challenge their detention there in U.S. courts. In doing so, the Court, in Chief Justice Roberts’s words, “strikes down as inadequate the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.” It’s worth considering what needed to be done in order to achieve this outcome.... NRO http://www.freerepublic.com/focus/f-news/2030655/posts#comment Fri, 13 Jun 2008 17:07:10 GMT http://www.freerepublic.com/focus/f-news/2030558/posts As the world has just learned, the Supreme Court of the United States ruled 5-4 yesterday that “for the first time in our Nation’s history, the Court confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war.” So summed up Justice Scalia in a stinging dissent in which he was joined by justices Roberts, Thomas, and Alito. Justices Kennedy, Stevens, Souter, Ginsburg, made up the majority Breyer. Cross Action News http://www.freerepublic.com/focus/f-news/2030558/posts#comment Fri, 13 Jun 2008 14:09:19 GMT http://www.freerepublic.com/focus/f-news/2030364/posts Sen. Lindsey Graham (R-S.C.) vowed Thursday to do everything in his power to overturn the Supreme Court’s decision on Guantanamo Bay detainees, saying that, “if necessary,” he would push for a constitutional amendment to modify the decision. A former military prosecutor, Graham blasted the decision as “irresponsible and outrageous,” echoing the sentiments of many congressional Republicans and President Bush. Earlier in the day, the court ruled 5-4 that suspected terrorists held by the U.S. military at Guantanamo Bay have the right to challenge their detention in federal court. When talking to reporters Thursday afternoon, Graham cautioned that it he was... Politico/The Crypt http://www.freerepublic.com/focus/f-news/2030364/posts#comment Fri, 13 Jun 2008 02:58:11 GMT http://www.freerepublic.com/focus/f-bloggers/2030281/posts I have been invited by Aljazeera English to debate today's ruling by the USSC granting rights to terrorist suspects at Gitmo. You may view the live webcast at 9pm EST tonight. aljazeera. http://www.freerepublic.com/focus/f-bloggers/2030281/posts#comment Fri, 13 Jun 2008 00:19:04 GMT http://www.freerepublic.com/focus/f-news/1943380/posts A newly declassified document shows that J. Edgar Hoover, the longtime director of the Federal Bureau of Investigation, had a plan to suspend habeas corpus and imprison some 12,000 Americans he suspected of disloyalty. Hoover sent his plan to the White House on July 7, 1950, 12 days after the Korean War began. It envisioned putting suspect Americans in military prisons. Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to “protect the country against treason, espionage and sabotage.” The F.B.I would “apprehend all individuals potentially dangerous” to national security, Hoover’s proposal said. The arrests would be... NY Times http://www.freerepublic.com/focus/f-news/1943380/posts#comment Sun, 23 Dec 2007 01:25:32 GMT http://www.freerepublic.com/focus/f-news/584199/posts Presiddent Lincoln wrote this letter in June, 1863: "The resolutions, as I understand them, are resolvable into two propositions: first, the expression of a purpose to the case of the Union, to secure peace through victory, and to support the administration in every constitutional and lawful measure to suppress the rebellion; and, second, a declaration of censure upon the administration for supposed unconstitutional action, such as the making of military arrests. And from the two propositions a third is deduced, which is that the gentlemen composing the meeting are resolved on doing their part to maintain our common government and ... Abraham Lincoln http://www.freerepublic.com/focus/f-news/584199/posts#comment Wed, 5 Dec 2001 14:54:35 GMT http://www.freerepublic.com/focus/f-news/1873044/posts ACLU Applauds House Armed Services Hearing on Restoring Habeas Corpus Due Process Rights (7/26/2007) FOR IMMEDIATE RELEASE Contact: media@dcaclu.org Washington, DC - The American Civil Liberties Union was encouraged today by the House Armed Services Committee hearing titled Upholding the Principle of Habeas Corpus for Detainees. The committee discussed Chairman Ike Skelton's (D-MO) proposed bipartisan legislation restoring the due process right of habeas corpus that was taken away by the Military Commissions Act last fall. The ACLU hopes this hearing will lead to the enactment of Chairman Skelton's bill. "Chairman Skelton and the House Armed Services Committee should be commended... http://www.aclu.org/ http://www.freerepublic.com/focus/f-news/1873044/posts#comment Sat, 28 Jul 2007 21:27:08 GMT http://www.freerepublic.com/focus/f-news/1848418/posts ATLANTA — A Georgia judge on Monday voided a 10-year sentence given to a man who was convicted while a teenager of having consensual oral sex with a 15-year-old girl. Monroe County Superior Court Judge Thomas Wilson voided Genarlow Wilson's sentence and dropped it to misdemeanor aggravated child molestation with a 12-month sentence, plus credit for time served. Under the new ruling, he will not be required to register as a sex offender Fox News http://www.freerepublic.com/focus/f-news/1848418/posts#comment Mon, 11 Jun 2007 18:05:28 GMT http://www.freerepublic.com/focus/f-news/1772860/posts Attorney general's remarks on citizens' right astound the chair of Senate judiciary panelOne of the Bush administration's most far-reaching assertions of government power was revealed quietly last week when Attorney General Alberto Gonzales testified that habeas corpus -- the right to go to federal court and challenge one's imprisonment -- is not protected by the Constitution. "The Constitution doesn't say every individual in the United States or every citizen is hereby granted or assured the right of habeas,'' Gonzales told Sen. Arlen Specter, R-Pa., during a Senate Judiciary Committee hearing Jan. 17. Gonzales acknowledged that the Constitution declares "habeas corpus... San Francisco Chronicle http://www.freerepublic.com/focus/f-news/1772860/posts#comment Wed, 24 Jan 2007 15:45:58 GMT http://www.freerepublic.com/focus/f-news/1770290/posts In one of the most chilling public statements ever made by a U.S. Attorney General, Alberto Gonzales questioned whether the U.S. Constitution grants habeas corpus rights of a fair trial to every American. Responding to questions from Sen. Arlen Specter at a Senate Judiciary Committee hearing on Jan. 18, Gonzales argued that the Constitution doesn’t explicitly bestow habeas corpus rights; it merely says when the so-called Great Writ can be suspended. “There is no expressed grant of habeas in the Constitution; there’s a prohibition against taking it away,” Gonzales said. Gonzales’s remark left Specter, the committee’s ranking Republican, stammering. “Wait... Baltimore Chronicle http://www.freerepublic.com/focus/f-news/1770290/posts#comment Fri, 19 Jan 2007 18:27:44 GMT http://www.freerepublic.com/focus/f-news/1753121/posts A federal judge Wednesday dismissed a habeas corpus petition brought by Guantanamo detainee Salim Hamdan, finding it was clearly barred under the controversial habeas-stripping language of the new Military Commissions Act (MCA) even though it was pending at the time the Act was passed. Agreeing with a position on pending habeas petitions taken earlier this fall by the US Department of Justice, US District Judge James Robertson wrote in the first ruling to construe the MCA: "Hamdan's lengthy detention beyond American borders but within the jurisdictional authority of the United States is historically unique. Nevertheless, as the government argues in... Jurist - U. of Pittsburgh School of Law http://www.freerepublic.com/focus/f-news/1753121/posts#comment Thu, 14 Dec 2006 00:41:31 GMT http://www.freerepublic.com/focus/f-news/1751589/posts Jose Padilla was born in Brooklyn, New York, in 1970, the son of Puerto Rican immigrants. He was a troubled youth, joining a street gang when the family moved to Chicago, and was once jailed for aggravated assault. After serving his sentence, he converted to Islam and professed non-violence. He went to the Masjid Al-Iman mosque in Fort Lauderdale, Florida, and worked for a charity suspected of Islamist terror ties. He visited Egypt, Saudi Arabia, Afghanistan, Pakistan and Iraq. Returning to Chicago on May 8, 2002, Padilla was arrested and held under a warrant related to the 9/11 attacks. A... The Sunday Times http://www.freerepublic.com/focus/f-news/1751589/posts#comment Mon, 11 Dec 2006 08:05:45 GMT http://www.freerepublic.com/focus/f-news/1724579/posts "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety" - Benjamin FranklinThe response was predictable. After sending our alert last Thursday regarding the passing of the Military Commissions Act, we received a flood of email. Many were supportive, but others took exception: "Don't you care that terrorists want to kill us?" "Olbermann's obviously a left-wing nut who wants conservatives out of power." "The act isn't that bad..." It is bemusing to watch certain conservatives -- conservatives who once screamed that Bill Clinton was going to suspend the Constitution, establish martial law,... Jews for the Preservation of Firearms Ownership http://www.freerepublic.com/focus/f-news/1724579/posts#comment Mon, 23 Oct 2006 23:06:16 GMT http://www.freerepublic.com/focus/f-news/1723819/posts On Tuesday, October 17, 2006, another nail was pounded into freedom's coffin when President Bush signed the Military Commissions Act into law. Within the Act, the 800-year tradition of Habeas Corpus -- the right of the accused to face their accuser in court -- was essentially eliminated.While much of the mainstream media glossed over this news with a disinterested yawn, one brave commentator made no bones about the magnitude of this treachery. Watch MSNBC's Keith Olbermann at http://tinyurl.com/yk6osh as he comments on this appalling development. If you do nothing else, WATCH THIS VIDEO! It will make your blood boil, to... Jews for the Preservation of Firearms Ownership http://www.freerepublic.com/focus/f-news/1723819/posts#comment Sun, 22 Oct 2006 13:28:59 GMT http://www.freerepublic.com/focus/f-news/1711750/posts BURIED IN THE complex Senate compromise on detainee treatment is a real shocker, reaching far beyond the legal struggles about foreign terrorist suspects in the Guantanamo Bay fortress. The compromise legislation, which is racing toward the White House, authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights. This dangerous compromise not only authorizes the president to seize and hold terrorists who have fought against... LA Times http://www.freerepublic.com/focus/f-news/1711750/posts#comment Sun, 1 Oct 2006 20:18:15 GMT http://www.freerepublic.com/focus/f-news/1710161/posts We have been lulled into a dangerous sense of complacency towards the evils capable of being inflicted upon us, our country and our way of life by the EU. Our proposed membership of the euro is, it seems, a dead letter. The French and the Dutch buried the EU constitution more than a year ago. However, something that could prove even more poisonous to our liberties than either of those anti-democratic impositions could be about to be foisted on us. This Friday, in Tampere in Finland, there will be a meeting of EU interior and justice ministers. Up for debate... Daily Telegraph (UK) http://www.freerepublic.com/focus/f-news/1710161/posts#comment Thu, 28 Sep 2006 20:00:06 GMT