Archive for the ‘habeas corpus’ category

Free at last, praise Allah!

June 21, 2009

Four Uighurs experienced their first swim in the ocean recently after being released from seemingly endless detention at Guantanamo.  Their new home is the island of Bermuda, which at first glance appears to be an unlikely destination for men who grew up in a landlocked part of China. (more…)


The wheels of justice grind exceeding slow

May 25, 2009

Lakhdar Boumediene’s odyssey began back in 2001 when he was picked up in Bosnia, suspected in a bomb plot against the U.S. Embassy in Sarajevo. In January 2002 he  arrived at Gitmo, where he languished for more than six years without charges ever being filed and without hope of  release.

Then in June 2008 the U. S. Supreme Court ruled  that the  Algerian-born Muslim was entitled to the basic right of habeas corpus.

At last there was hope that he would be able to leave the prison located on the Guantanamo Bay naval base.

Still he had to wait … and wait … and wait. (more…)

‘Does Magna Carta mean nothing to you? Did she die in vain?!

July 5, 2008

Americans are often very parochial, paying scant attention to happenings across the Atlantic where parallel struggles for civil liberties and freedom from a surveillance state are taking place.  One of these events is the British by-election at Haltemprice and Howden, where Tory David Davis is pitted against recent counter-terrorism measures passed by the British Parliament.  Davis is protesting a new law that would allow British citizens to be held for up to 42 days (6 weeks) without charges being brought.  Davis argues that this is a violation of the ancient right of habeas corpus, guaranteed by the Magna Carta in 1215.

Campaigning in behalf  of David Davis in Haltemprice and Howden, Bob Geldof asks the question:

Does Magna Carta mean nothing to you? Did she die in vain?! (more…)

Donna Brazile rules

June 18, 2008

At the recent meeting of the DNC Rules Committee one of my favorite moments was when committee member Donna Brazile laid down the law to a representative of the Clinton campaign from Michigan.  She was speaking to the issue of whether the Michigan delegation should be seated at the national convention in Denver even though the state Democratic party had broken the rules by holding their primary too early.  You can find discussion of this moment at the DNC meeting on Daily Kos at the following link — there originally was a YouTube video but that no longer works.

She began by wishing the Clintonite’s mother a happy birthday and then went on to comment about what her own mother had taught her:

“My Momma always taught me to play by the rules.  And if you try to change the rules, it’s called cheatin'” (more…)

Parallels between UK and US big-brotherism

June 15, 2008

As we celebrate the 793rd anniversary of the signing of the Magna Carta today there are two news items that relate to to habeas corpus, the basic guarantee against arbitrary unlawful imprisonment– one in the UK and the other in the US.

In the UK we see Tory MP David Davis resigning over the Counter-Terrorism Bill that Labor PM Brown rammed through Parliament. This law allows detention for up to 42 days (six weeks) of British citizens without charges being brought and without any habeas corpus hearing being required. Davis noted that this is just the latest step in what he calls the “Big Brother” state and that it went a step too far infringing on the historical freedoms of British citizens. These liberties, he pointed out, can be traced back almost eight hundred years to the Magna Carta, which guaranteed the right of habeas corpus.

What most Americans don’t realize is that David Davis was not just an ordinary backbencher but the Shadow Home Secretary and in a new Tory government would be charged with enforcing the Counter-Terrorism Bill. With the latest polls showing a likely Tory victory at the next electoral opportunity, Davis was faced not only with a law with which he profoundly disagreed but also the looming task of administering that law as the government Minister in charge. (more…)

‘Anti-Big-Brother’ election in UK

June 14, 2008

I had always viewed membership of this House as a noble endeavour, not least because we and our forebears have for centuries fiercely defended the fundamental freedoms of our citizens. Or we did, up until yesterday.

This is the statement by former Tory MP David Davis as he dramatically resigned his seat to force a by-election over the issue of preserving the traditional rights of British citizens to be free from arbitrary and capricious imprisonment. He noted that Sunday June 15 will be the the anniversary of the signing of the Magna Carta by King John as he confronted rebellious barons in the field at Runnymede in 1215.

At issue is the passage of a law that would authorize the imprisonment of British citizens for up to 6 weeks (42 days) without charges being brought. The Tories narrowly backed the legislation in support of the Labor government led by PM Gordon Brown. Davis stepped down from his Tory party position as Shadow Home Secretary and launched his campaign to be re-elected on this issue. This move effectively ended his chances of a Cabinet post in the next Tory administration and is particularly painful for a man of Davis’s ambitions because the Tories are poised to take power at the next electoral opportunity. As Shadow Home Secretary Davis was virtually assured a key role in a new Tory government. But Davis chose to put principle before power. (more…)

Damn the Constitution! Full speed ahead!

June 14, 2008

Anyone who thought that a mere decision by the U.S. Supreme Court in Boumediene v Bush would deter the Bush administration from pursuing its kangaroo court proceedings in Guantanamo was quickly disabused of this notion. Within hours the White House had issued statements that Bush “would comply” with the ruling but “strongly disagreed” with it and would consider whether to “respond to the court ruling with new legislation.”

This is bizarre. Bush seems to lack a basic understanding of the role of the Executive under the U.S. Constitution. The President’s job is to enforce the laws that the Congress passes. The SCOTUS has the final word on whether a law is unconstitutional. It is emphatically not the job of the President to either overrule the Supreme Court or pass legislation. In addition, the President doesn’t have the right to pick the minority opinion just because he prefers it — under the U.S. Constitution he is bound to implement the ruling of the majority of the court.

Or as Blue Texan puts in succinctly at Firedoglake in a piece entitled “Bush doesn’t know what the Supreme Court does:”

I know Bush obviously doesn’t give a shit about the law, and he views the Court — the institution that awarded him the Presidency made him King — as a rubber stamp. But it’s pretty disturbing to hear someone who swore an oath to defend the Constitution continually demonstrate his total ignorance of it.