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<a href="http://www.aljazeerah.info/Opinion%20editorials/2005%20Opinion%20Editorials/November/14%20o/The%20Senate%20Agrees%20to%20Imprisonment%20Without%20Charges%20By%20Mike%20Whitney.htm" eudora="autourl">
http://www.aljazeerah.info/Opinion%20editorials/2005%20Opinion%20Editorials/November/14%20o/The%20Senate%20Agrees%20to%20Imprisonment%20Without%20Charges%20By%20Mike%20Whitney.htm<br>
</a></font><font face="Arial, Helvetica" size=5>The Senate Agrees to
Imprisonment Without Charges</font><font face="Arial, Helvetica" size=3>
<br><br>
By Mike Whitney<br><br>
Al-Jazeerah, November 14, 2005<br><br>
How can the Senate vote to ban habeas corpus?!? <br><br>
It makes no sense at all. It’s like voting for an end to freedom. And,
yet, this is exactly what happened on Friday, November 11, when the
Senate passed the (Lindsay) Graham amendment which overturns an earlier
Supreme Court ruling (Rasul vs. Bush) allowing Guantanamo detainees to
challenge their imprisonment in federal court. By a 49 to 42 margin the
Senate approved the measure which effectively deprives them of the right
to know why they are being held or of any legal means to defend
themselves. <br><br>
None of the Guantanamo inmates have ever been charged with a crime. The
Senate vote ensures that they never will. <br><br>
The action goes beyond a simple dispute with the high court’s decision to
honor the rights of so called “enemy combatants”. The vote denies the
prisoners any civil liberties provided under the Bill of Rights, the
Geneva Conventions or any other of the human rights treaties to which the
US is a signatory. It is a blatant attempt to rescind the principle that
men are entitled to equal treatment under the law or that they are
innocent until proven guilty. From this point on, everyone who has been
caught up in Bush’s “war on terror” dragnet will be presumed guilty.
<br><br>
Habeas corpus is the cornerstone of American jurisprudence dating back
800 years in British Law. It allows a detained person to appear before a
judge to determine the legitimacy of his imprisonment, and it forces the
state to charge that person with a crime if it intends to continue
holding him. It is the most fundamental of all human rights, and
certainly the most important. Without the protection of habeas the state
is free to disregard the rule of law and jail anyone it pleases. The
denial of habeas is the beginning of tyranny. <br><br>
Freedom does not exist in a vacuum; it can only thrive where there are
restrictions on state power. Civil liberties are the fire-wall which
protects the citizen from the threat of government abuse. Habeas corpus
is the foundation upon which the entire scaffolding of civil liberties is
erected. It is the primary shield against the violence of the state.
<br><br>
Senator Lindsay Graham knows all of this; after all he’s an attorney.
And, yet, he has taken this extraordinary step to revoke The Great Writ
of Liberty (habeas corpus) to confer absolute authority on the president.
<br><br>
Why? <br><br>
Where is the evidence that eviscerating basic liberties improves our
chances of winning the war on terror? <br><br>
In case after case, the Bush administration has taken the position that
the president is above the law and can imprison “terror suspects”
according to his own discretion. On September 9, 2005 the administration
won a crucial battle when the 3 judge panel of the 4th Circuit Court of
Appeals voted unanimously that Bush could continue to imprison an
American citizen, Jose Padilla, without charging him with a crime. The
court said that the “Joint Resolution” issued by Congress following 9-11
authorized the President to use “all necessary force” in fighting the war
on terror. This, they concurred, allows the president to ignore the Bill
of Rights and act on his own judgment. <br><br>
Once again, the target of Bush’s assault in the Padilla case was habeas
corpus, the ideological nerve-center of American jurisprudence. <br><br>
Consider the words of Alexander Hamilton who said, the writ of habeas
corpus protects against "the practice of arbitrary imprisonment . .
. the favorite and most formidable instrument of tyranny." <br><br>
Or, this from Justice Antonin Scalia: <br><br>
"The very core of liberty secured by our Anglo-Saxon system of
separated powers has been freedom from indefinite imprisonment at the
will of the Executive." <br><br>
The Bush administration, under cover of the war on terror, is marching
inexorably towards a totalitarian state. Since Sept 11 they have taken
steps to reconfigure the legal landscape and promote their vision of the
supreme presidency. Their colleagues in the Congress and the judiciary
have supported their efforts to bolster executive power while putting the
president beyond the range of accountability. All the while, they have
calculatingly zeroed in on the essential human right upon which liberty
depends; habeas corpus, the epicenter of American freedom. <br><br>
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