Is anyone challenging the end of habeas corpus?

[kedrys]

I thought I saw something to that effect last week, but now I can't find it.

[Rex]

1. I think everyone is sitting around waiting to see someone actually

get their Bill of Rights violated. I'm not sure how they would know, since all the torture and containment is in secret. 800,000 people go missing in the US every year. Quite an easy number to work in.

[amitten]

2. Yes, I read that already legal challenges are being drawn up.

I don't know the details.

[readmoreoften]

8. Yeah, but they're not optimistic and its going to take years

most likely. I just heard Bill Goodman (CCR lawyer) speak about it. He's extremely concerned.

[helderheid]

3. we need to contact the Black Congressional Caucus and PDA

[suston96]

4. About habeas corpus....

Check Keith Olbermann tomorrow night.

[kedrys]

10. I'll be in class tonight, but I already have Keith set up on the DVR

Thanks for the reminder! :hi:

[BuyingThyme]

5. Yes, I saw it too. I think it was being done (or entertained)

by the defense lawyers of some of the kidnap victims.

[mmonk]

6. CCR

http://www.ccr-ny.org/v2/home.asp

(snip)

On October 3, 2006, the Center for Constitutional Rights (CCR) announced it has filed a habeas corpus petition on behalf of Majid Khan in DC District Court, one of the 14 'ghost detainees' President Bush recently transferred to Guantánamo. Filed hours before the passage of the Military Commissions Act of 2006, the petition challenges the constitutionality of denying non-citizen detainees the right of habeas corpus. Mr. Khan was imprisoned in secret CIA detention for 3 1/2 years and subjected to "alternative interrogation methods" that amount to torture. He has never been formally charged with a crime or declared an enemy combatant.

(snip)

[kedrys]

11. Thanks for the link!

I'm keeping my fingers and toes crossed.

[BuyingThyme]

7. Here go:

The Bagram Air Force Base suit tests the scope of a 2004 Supreme Court ruling that extended habeas protections to detainees at Guantánamo. Prior to that ruling, habeas suits filed by noncitizens were only permitted by those detained within US sovereign territory.

The Bagram suit argues that the 2004 ruling made habeas protections available any place in the world under US jurisdiction and control.

The issue is significant because the Military Commissions Act seeks to overturn the 2004 high court ruling by eliminating habeas protections for all non- citizen enemy combatants, regardless of their geographical location.

The Guantánamo suit filed on behalf of Mr. Khan is also aimed at testing the habeas-stripping provisions. The suit says that despite being held in secret
CIA detention for 3-1/2 years, Khan, whose family lives in Baltimore, has never had a hearing before a neutral judge or military panel to determine the legality of his detention.

http://news.yahoo.com/s/csm/20061006/ts_csm/adetention_1

[kedrys]

12. That's the one!

Many thanks for the link!

[enough]

9. K & R for the Center for Constitutional Rights.

They need to be on our donation lists along with the ACLU. They have been actively working on detainee issues from the beginning.

Center for Constitutional Rights: http://www.ccr-ny.org/v2/home.asp


From the Yahoo story linked in post above:

snip>

Two suits were filed this week in US District Court here. At issue: Whether the new antiterror legislation retroactively strips the courts of jurisdiction to hear detainee cases, and if so, would that amount to an unconstitutional suspension of the writ of habeas corpus.

Lawyers rushed to file suit before the measure, the Military Commissions Act of 2006, was signed into law.

"By filing when we did, we wanted to make sure that at least we preserved the retroactivity argument," says Michael Ratner of the New York-based Center for Constitutional Rights, which filed both suits.

The new legislation, passed a week ago Friday, bars judges from hearing detainee lawsuits. Instead, it sets up a much more limited appeals process for detainees who are seeking to challenge their designation as an enemy combatant or to challenge a war crimes conviction by a military commission.

snip>

[malaise]

13. Keith Olbermann will be

discussing this tonight.