Skip to main content

View Diary: On Torture, ScAlito and Presidential Signing Statements (33 comments)

Comment Preferences

  •  Also worth noting: (4.00)
    What Bush said about the Graham amendment: that he takes it to rule out any court's jurisdiction over any pending habeas cases out of Guantanamo:
    "Finally, given the decision of the Congress reflected in subsections 1005(e) and 1005(h) that the amendments made to section 2241 of title 28, United States Code, shall apply to past, present, and future actions, including applications for writs of habeas corpus, described in that section, and noting that section 1005 does not confer any constitutional right upon an alien detained abroad as an enemy combatant, the executive branch shall construe section 1005 to preclude the Federal courts from exercising subject matter jurisdiction over any existing or future action, including applications for writs of habeas corpus, described in section 1005."

    Trouble is, the Graham amendment, as passed, says nothing of the kind. This is an attempt to block the various cases (Hamdan, al Odah, etc.) that are winding their way through the courts now. And it's another announcement that Bush will just disregard the law as written.

    If anyone wants a fuller explanation of this (what the law says, why Bush is wrong, the implications, etc.), see here.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site