Jim Stillman
Randy InmanMore on the Supreme Court’s Habeas Corpus ruling
June 13th 2008 20:51
An excellent and timely article was posted by Damo the other day in which the decision of the United States Supreme Court holding that the Writ of Habeas Corpus was available to detainees at Guantanamo.
Really Long Link
I exchanged several comments with another friend, T.L. Corbin, who is able to disagree without being disagreeable, who took issue in my defense of the ancient Writ and its application to those at Gitmo.
Rather than rehash the materials appended to Damo’s post, I suggest that interested readers go there and, in addition, read the actual decision of the Court.
True to expectations, President Bush and Senators John McCain and Lindsey Graham (R-SC) issued statements which criticized the Court’s ruling. As could have been predicted, leading GOP leaders condemned the decision while most Democrats supported the concept that a nation with nothing to hide should have no problem with independent judicial review.
President Bush:
“It was a deeply divided court and I strongly agree with those who dissented. The dissent was based upon those serious concerns about U.S. national security.”
Senator McCain:
And, Senator Lindsey Graham stated
I have quoted at length the comments of Senators McCain and Graham in order to demonstrate how opinions can change!
On December 12, 2003, Senators McCain and Graham wrote a letter to then Secretary of Defense Donald Rumsfeld. The Senators had just visited Guantanamo and had no issue with the treatment of the detainees.
On that same day, Senator McClain stated,
Five years after their letter, just one detainee has received a verdict. Approximately 270 are still detained there and about half are considered too dangerous to release, even though the government does not have enough evidence to charge them.
This Supreme Court ruling will lead to a “flood of new litigation” challenging the Bush administration’s right to hold these detainees. Therefore, officials will be forced to quickly decide whether they are war criminals or should be released — exactly as McCain and Graham requested.
In light of these 2003 remarks, it’s unclear why McCain considers this Supreme Court ruling the “worst decision in history,” except for the fact that it isn’t what the Bush administration wanted.
I respect the old version of John McCain far more than the new!
Really Long Link
I exchanged several comments with another friend, T.L. Corbin, who is able to disagree without being disagreeable, who took issue in my defense of the ancient Writ and its application to those at Gitmo.
Rather than rehash the materials appended to Damo’s post, I suggest that interested readers go there and, in addition, read the actual decision of the Court.
True to expectations, President Bush and Senators John McCain and Lindsey Graham (R-SC) issued statements which criticized the Court’s ruling. As could have been predicted, leading GOP leaders condemned the decision while most Democrats supported the concept that a nation with nothing to hide should have no problem with independent judicial review.
President Bush:
“It was a deeply divided court and I strongly agree with those who dissented. The dissent was based upon those serious concerns about U.S. national security.”
Senator McCain:
“The United States Supreme Court yesterday rendered a decision which I think is one of the worst decisions in the history of this country. Senator Graham, and Senator Lieberman, and I…made it very clear that these are enemy combatants; these are people who are not citizens. They do not and never have been given the rights that citizens of this country have.”
And, Senator Lindsey Graham stated
"I am deeply disappointed in what I think is a tremendously dangerous and irresponsible ruling by the U.S. Supreme Court. ... The court has conferred upon civilian judges the right to make military decisions. These judges have virtually no training in military matters yet civilian judges, in some of the most liberal district courts in the country, will have an opportunity to determine who is a threat to the United States."
On December 12, 2003, Senators McCain and Graham wrote a letter to then Secretary of Defense Donald Rumsfeld. The Senators had just visited Guantanamo and had no issue with the treatment of the detainees.
“We commend you on the outstanding efforts taken thus far to treat all individuals detained at Guantanamo humanely and, as appropriate and in accordance with military necessity, in a manner consistent with the principles of the Third World Geneva Convention of 1949. We are particularly impressed by the professionalism of our military personnel.
“The treatment of the detainees is not an issue. However, a serious concern arises over the disposition of the detainees - a considerable number of whom have been held for two years. Given this concern, we respectfully ask that you provide explicit information on two critical issues. First, we ask that you advise us as to when you will make a determination on the final disposition of the detainees' status. Second, we request that you state specifically when you will begin the process pursuant to the Order of the Military Commissions that the President signed in November 2001, and how it will work in practice.
“Yet, we firmly believe it is now time to make a decision on how the United States will move forward regarding the detainees, and to take that important next step. A serious process must be established in the very near term either to formally treat and process the detainees as war criminals or to return them to their countries for appropriate judicial action.”
“The treatment of the detainees is not an issue. However, a serious concern arises over the disposition of the detainees - a considerable number of whom have been held for two years. Given this concern, we respectfully ask that you provide explicit information on two critical issues. First, we ask that you advise us as to when you will make a determination on the final disposition of the detainees' status. Second, we request that you state specifically when you will begin the process pursuant to the Order of the Military Commissions that the President signed in November 2001, and how it will work in practice.
“Yet, we firmly believe it is now time to make a decision on how the United States will move forward regarding the detainees, and to take that important next step. A serious process must be established in the very near term either to formally treat and process the detainees as war criminals or to return them to their countries for appropriate judicial action.”
On that same day, Senator McClain stated,
“They may not have any rights under the Geneva Conventions as far as I’m concerned, but they have rights under various human rights declarations. And one of them is the right not to be detained indefinitely.”
Five years after their letter, just one detainee has received a verdict. Approximately 270 are still detained there and about half are considered too dangerous to release, even though the government does not have enough evidence to charge them.
This Supreme Court ruling will lead to a “flood of new litigation” challenging the Bush administration’s right to hold these detainees. Therefore, officials will be forced to quickly decide whether they are war criminals or should be released — exactly as McCain and Graham requested.
In light of these 2003 remarks, it’s unclear why McCain considers this Supreme Court ruling the “worst decision in history,” except for the fact that it isn’t what the Bush administration wanted.
I respect the old version of John McCain far more than the new!
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Comment by Jeff Musall
Secular Humanity
Comment by Damo
For the Sake of Argument
My Apologetics