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Showing posts with label habeas corpus. Show all posts
Showing posts with label habeas corpus. Show all posts
Friday, May 04, 2007
Monday, October 23, 2006
Rebuttal - Military Commissions Act and US Citizens
I appreciate Steve pointing out that the Military Commissions Act of 2006 specifically states that it is in reference to aliens, or non-citizens, wherein they do not retain Habeas Corpus rights. That is a valid point.
However, as we have already witnessed, US Citizens can be picked up as enemy combatants and held indefinitely without recourse, and be subjected to what is arguably torture (see Jose Padilla for further reference. The U.S. administration has in the past described him as an illegal enemy combatant, arguing that he was thereby not entitled to the normal protection of US law, nor protection under the Geneva Convention.)
The real question is will this provision be upheld? isn't the MCA itself a signing into law a series of practices that were previously used and currently used that were against the standing law of the land and the Geneva Conventions? is this a hind-sighted justification of flouting the law?
Certainly, if the provisions in this act were carried out with a foreign national who belonged to one of the other signatory nations to the Geneva Conventions...some of the MCA sanctioned activities and suspension of rights would still be considered illegal.
here is some quoted text from Steve's source on the wiki encyclopedia that is listed under Criticism:
However, as we have already witnessed, US Citizens can be picked up as enemy combatants and held indefinitely without recourse, and be subjected to what is arguably torture (see Jose Padilla for further reference. The U.S. administration has in the past described him as an illegal enemy combatant, arguing that he was thereby not entitled to the normal protection of US law, nor protection under the Geneva Convention.)
The real question is will this provision be upheld? isn't the MCA itself a signing into law a series of practices that were previously used and currently used that were against the standing law of the land and the Geneva Conventions? is this a hind-sighted justification of flouting the law?
Certainly, if the provisions in this act were carried out with a foreign national who belonged to one of the other signatory nations to the Geneva Conventions...some of the MCA sanctioned activities and suspension of rights would still be considered illegal.
here is some quoted text from Steve's source on the wiki encyclopedia that is listed under Criticism:
A number of legal scholars and Congressional members - including Senate Judiciary Committee Chairman Arlen Specter (R-PA) - have said that the habeas provision of the Act violates a clause of the Constitution that says the right to challenge detention "shall not be suspended" except in cases of "rebellion or invasion."[17]
The Act has also been denounced by critics who assert that its wording makes possible the permanent detention and torture (as defined by the Geneva Conventions) of anyone - including American citizens - based solely on the decision of the President.[18] Indeed, the wording of section 948b[19] of the act appears to explicitly contradict the Third Geneva Convention of which the United States is currently a signatory, however as long as the Act is not used when dealing with a country or countries that have also signed the conventions, the Geneva Conventions do not hold any weight.
In the House debate, Representative David Wu of Oregon offered this scenario:
Let us say that my wife, who is here in the gallery with us tonight, a sixth generation Oregonian, is walking by the friendly, local military base and is picked up as an unlawful enemy combatant. What is her recourse? She says, I am a U.S. citizen. That is a jurisdictional fact under this statute, and she will not have recourse to the courts? She can take it to Donald Rumsfeld, but she cannot take it across the street to an article 3 court.[20]
One has described the Act as "the legalization of the José Padilla treatment" - referring to the American citizen who was declared an unlawful enemy combatant and then imprisoned for three years before finally being charged with a lesser crime than was originally alleged.[21] A legal brief filed on Padilla's behalf alleges that during this time he was subjected to sensory deprivation, sleep deprivation, and enforced stress positions.[22]
Amnesty International said that the Act "contravenes human rights principles."[23] An editorial in The New York Times described the Act as "a tyrannical law that will be ranked with the low points in American democracy, our generation’s version of the Alien and Sedition Acts."[24]
American Civil Liberties Union Executive Director Anthony D. Romero said, "The president can now, with the approval of Congress, indefinitely hold people without charge, take away protections against horrific abuse, put people on trial based on hearsay evidence, authorize trials that can sentence people to death based on testimony literally beaten out of witnesses, and slam shut the courthouse door for habeas petitions." [25]
The law has also been criticized for allegedly giving a retroactive, nine-year immunity to U.S. officials who authorized, ordered, or committed potential acts of abuse on detainees.
Labels:
civil rights,
habeas corpus,
jose padilla,
MCA
Friday, October 20, 2006
R.I.P. Bill of Rights and Habeas Corpus
He Swore An Oath to Defend The Constitution...
Instead...
Instead...
Today (oct 17th), 135 years to the day after the last American President (Ulysses S. Grant) suspended habeas corpus, President Bush signed into law the Military Commissions Act of 2006. At its worst, the legislation allows President Bush or Donald Rumsfeld to declare anyone — US citizen or not — an enemy combatant, lock them up and throw away the key without a chance to prove their innocence in a court of law. In other words, every thing the Founding Fathers fought the British empire to free themselves of was reversed and nullified with the stroke of a pen, all under the guise of the War on Terror.
Labels:
betrayal,
civil rights,
habeas corpus,
olberman
Tuesday, October 17, 2006
New Bill Signed Today That Will Save Us...
...from having fair trials, legal representation, habeas corpus, and from not being able to be put to death on hearsay...
Whew! finally, those witch trials can begin again in earnest...
beatings, torture, why not see if suspected terrorists float or not?
Read Full Article Here
and here is a snippet from the article where the director of the ACLU comments,
Whew! finally, those witch trials can begin again in earnest...
beatings, torture, why not see if suspected terrorists float or not?
Read Full Article Here
and here is a snippet from the article where the director of the ACLU comments,
The American Civil Liberties Union said the new law is "one of the worst civil liberties measures ever enacted in American history."
"The president can now, with the approval of Congress, indefinitely hold people without charge, take away protections against horrific abuse, put people on trial based on hearsay evidence, authorize trials that can sentence people to death based on testimony literally beaten out of witnesses, and slam shut the courthouse door for habeas petitions," said ACLU Executive Director Anthony D. Romero.
"Nothing could be further from the American values we all hold in our hearts than the Military Commissions Act," he said.
Labels:
civil rights,
habeas corpus,
torture
Monday, October 16, 2006
Where's yer Habeas Corpus?
You might want to think about the what this means for a country that was established in order to have rights like Habeas Corpus...because not having them was to be the subject of injustice.
Oh, and btw, for those who profess faith in Christianity and promote it as a reason to be followed as a leader...
perhaps the basic tenets of the faith should be reviewed and matched against their actions...
LIVE A LIFE DEDICATED TO:
*Compassion
*Forgiveness
*Humility
*Justice
*Service to Others (particularly those in need, the sick, the poor, the sad)
*Loving your neighbors and your enemies as you love yourself
certainly JUSTICE stands out as one to look at considering the following...
Oh, and btw, for those who profess faith in Christianity and promote it as a reason to be followed as a leader...
perhaps the basic tenets of the faith should be reviewed and matched against their actions...
LIVE A LIFE DEDICATED TO:
*Compassion
*Forgiveness
*Humility
*Justice
*Service to Others (particularly those in need, the sick, the poor, the sad)
*Loving your neighbors and your enemies as you love yourself
certainly JUSTICE stands out as one to look at considering the following...
Labels:
civil rights,
constitution,
habeas corpus
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