Specter offers amendment restoring habeas rights!
Wed Mar 07, 2007 at 07:10:22 AM PDT
I was visiting Senator Arlen Specter's (R-PA) website this morning. I had planned to send him an e-mail regarding Alberto Gonzales and his perjury before the Senate Judiciary Committee, of which Specter is the ranking minority member.
I was distracted, but pleasantly surprised to find this:
March 6th, 2007
SPECTER OFFERS HABEAS AMENDMENT TO 9-11 BILL
Washington, D.C. - Today, Senate Judiciary Committee Ranking Member, Senator Arlen Specter (R-Pa.) for himself, Senate Judiciary Committee Chairman, Senator Patrick Leahy (D-Vt.) and Senator Christopher Dodd (D-Ct.) called up S.A 286, to restore habeas corpus to those detained by the United States. The amendment is to modify S. 4, Improving America's Security Act of 2007.
The intent and summary of the amendment follows:
The amendment strikes the federal habeas corpus limitation imposed by the Military Commissions Act and the Detainee Treatment Act by restoring the rights of aliens detained within U.S. territorial jurisdiction to challenge their detention by filing writs of habeas corpus.
The effect of the legislation will ensure that the federal courts of jurisdiction will have the opportunity to hear the nearly 200 habeas corpus applications currently pending on behalf of the detainees at Guantanamo Bay, Cuba. The legislation restores jurisdiction and allows those cases to be decided on their merits. It also allows habeas corpus challenges to military commission procedures.
Here is the text of the amendment:
At the appropriate place, insert the following:
SEC. __. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY THE UNITED STATES.
(a) In General.--Section 2241 of title 28, United States Code, is amended by striking subsection (e).
(b) Title 10.--Section 950j of title 10, United States Code, is amended by striking subsection (b) and inserting the following:
``(b) Limited Review of Military Commission Procedures and Actions.--Except as otherwise provided in this chapter or in section 2241 of title 28 or any other habeas corpus provision, and notwithstanding any other provision of law, no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter.''.
(c) Effective Date and Applicability.--The amendments made by this section shall--
(1) take effect on the date of the enactment of this Act; and
(2) apply to any case that is pending on or after the date of enactment of this Act.
This is an important opportunity to turn back a significant abuse perpetrated by the Bush administration. We must make our voices heard on this critical issue!
Here is your lunch break project for today:
Contact your Senators and insist that they support this important amendment!
And while you're there, please also contact members of the Judiciary Committee, and encourage them to investigate the firing of the US Attorneys, and remind the Senators that our dear Attorney General LIED TO THE COMMITTEE:
"I would never, ever make a change in a United States attorney for political reasons or if it would in any way jeopardize an ongoing serious investigation. I just would not do it."
This is a serious matter that must be addressed. When the nation's top law enforcement official commits such an unethical act, then perjures himself denying his complicity, he needs to be held to account for his criminal actions.
Occams Hatchet had an excellent diary Saturday that provides details on the applicable laws.
Please take the time to fire off a quick e-mail to the Senators on both of these important issues!
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