Habeas corpus not restored

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lukpac
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Habeas corpus not restored

Postby lukpac » Thu Sep 20, 2007 2:16 pm

http://www.kansascity.com/news/nation/story/282810.html

WASHINGTON | The Senate on Wednesday rejected legislation that would have allowed terrorist suspects held at Guantanamo Bay, Cuba, to petition federal courts claiming that they are being held in error.

The 56-43 vote in favor of the bill fell short of the 60 votes needed under Senate rules to cut off debate.

The measure would have given military detainees the right of habeas corpus, the right to challenge one’s detention in court, which is rooted in English common law dating from before the Magna Carta of 1215.

The legislation was sponsored by Sen. Patrick Leahy, a Vermont Democrat, and Sen. Arlen Specter, a Pennsylvania Republican.


Check out the lone non-Republican NAY:

http://www.senate.gov/legislative/LIS/r ... vote=00340

YEAs ---56
Akaka (D-HI)
Baucus (D-MT)
Bayh (D-IN)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Clinton (D-NY)
Conrad (D-ND)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Hagel (R-NE)
Harkin (D-IA)
Inouye (D-HI)
Johnson (D-SD)
Kennedy (D-MA)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lincoln (D-AR)
Lugar (R-IN)
McCaskill (D-MO)
Menendez (D-NJ)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Nelson (D-NE)
Obama (D-IL)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Salazar (D-CO)
Sanders (I-VT)
Schumer (D-NY)
Smith (R-OR)
Snowe (R-ME)
Specter (R-PA)
Stabenow (D-MI)
Sununu (R-NH)
Tester (D-MT)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)

NAYs ---43
Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Corker (R-TN)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Kyl (R-AZ)
Lieberman (ID-CT)
Lott (R-MS)
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Murkowski (R-AK)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Stevens (R-AK)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA)

Not Voting - 1
Chambliss (R-GA)
"I know because it is impossible for a tape to hold the compression levels of these treble boosted MFSL's like Something/Anything. The metal particulate on the tape would shatter and all you'd hear is distortion if even that." - VD

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Postby Rspaight » Thu Sep 20, 2007 5:07 pm

Between this, the FISA capitulation, and the Webb/Hagel troop rotation bill failing, it seems winning the Senate accomplished... not a hell of a lot.

Ryan
RQOTW: "I'll make sure that our future is defined not by the letters ACLU, but by the letters USA." -- Mitt Romney

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Postby Xenu » Thu Sep 20, 2007 10:00 pm

I wish they would actually make the Republicans filibuster. It'd at least be a good way to emphasize where the blame lies.
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"Fuckin' Koreans" - Reno 911

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Postby Rspaight » Fri Sep 21, 2007 12:31 pm

The blame? Oh, put that on the voters, who are more interested in OJ and how fat Britney is.

I suspect most of the opposition to the war (as seen in polls) doesn't reflect any real anger at the administration for their criminal incompetence and mendacity, but simply boredom and vague impatience.

But I'm cynical that way.

Ryan
RQOTW: "I'll make sure that our future is defined not by the letters ACLU, but by the letters USA." -- Mitt Romney

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Postby Jeff » Fri Sep 21, 2007 3:40 pm

The American public needs bread and circuses. It's in the Bill of Rights, isn't it?

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Postby lukpac » Thu Jun 12, 2008 12:53 pm

http://news.yahoo.com/s/ap/20080612/ap_ ... guantanamo

WASHINGTON - The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.

Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

Kennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances.
[...]
In dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."

Justices Samuel Alito, Antonin Scalia and Clarence Thomas also dissented.

Scalia said the nation is "at war with radical Islamists" and that the court's decision "will make the war harder on us. It will almost certainly cause more Americans to be killed."

Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens joined Kennedy to form the majority.

Souter wrote a separate opinion in which he emphasized the length of the detentions.
"I know because it is impossible for a tape to hold the compression levels of these treble boosted MFSL's like Something/Anything. The metal particulate on the tape would shatter and all you'd hear is distortion if even that." - VD

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Postby Bennett Cerf » Sun Jun 22, 2008 10:00 am

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