Bye Bye Habeas Corpus, We Hardly Knew Ye

Posted on September 29th, 2006 by mike

The [US] Senate on Thursday approved President Bush’s plan to question and try foreign terrorism suspects before military judges — without oversight by the federal courts … some lawmakers, Republicans as well as Democrats, called the move to suspend habeas corpus — the demand for legal justification of one’s imprisonment — a historic mistake, and one that could cause the entire bill to be struck down … The privilege of habeas corpus holds a venerated place in English and U.S. law. The U.S. Constitution says, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

Unique rules … allow prosecutors … to use evidence collected through hearsay or coercion to seek criminal convictions. The bill rejects the right to a speedy trial and limits the traditional right to self-representation by requiring that defendants accept military defense attorneys. Panels of military officers need not reach unanimous agreement to win convictions … the bill immunizes U.S. officials from prosecution for cruel, inhumane or degrading treatment of detainees.

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