Senate Fails on Habeas Corpus

Today the U.S. Senate fell four votes short of restoring Habeas Corpus, the fundamental constitutional right of individuals to challenge government detention, which the Republican Congress revoked in last year's Military Commissions Act. Fifty-six senators supported a procedural move to tie the Habeas provision to legislation authorizing defense spending -- a step that requires sixty votes.

The amendment was sponsored by Judiciary Chairman Patrick Leahy, Senator Arlen Specter, who voted for the legislation that the amendment attempts to reverse, and Senator Chris Dodd, who blasted today's vote. "Each of us in the Senate faced a decision either to cast a vote in favor of helping to restore America's reputation in the world, or to help dig deeper the hole of utter disrespect for the rule of law that the Bush Administration has created. Unfortunately, too many of my colleagues chose the latter," he said.

Backers of the amendment and human rights organizers say they will continue to press for habeas restoration. Leah Adler, an organizer with Working Assets, wrote today that activists should focus on the U.S. House, which will "likely consider legislation to restore habeas corpus in the next few weeks."

Today's vote also suggests a new Senate majority for Habeas Corpus. (Last Congress, a similar amendment did not even break 50 votes.) And yes, it is a sad sign that we are reduced to counting votes for which members of Congress are upholding their oath to support the Constitution.

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Comments

[TheOtherMaven]

Why don't the two branches of Congress ever introduce legislation straight-up, instead of tying bills together like tin cans to a bumper? Are they THAT deadlocked, and/or do they feel it THAT necessary to circumvent the idiocies of the Resident?

At least we won't have John Warner to blame after 2008....

[Democrab]

The republicans disregard for public opinion is amazing, along with pal Joey.

They really do think they know what's best for us peons.

Amazing, voting against habeus corpus!

[K-Dog76]

Demograb, it appears public opinion is not as far left as you actually think, especially if the president's approval ratings are almost three times as high as congress'

[villastrangiato]

I am proud to say that at least one of my state's senators - Olympia Snowe had the sense, guts, and moral fiber to stand up to the scumbags in her party and vote for cloture on the habeas corpus amendment. The US Constitution only prohibits habeas corpus - a fundamental right of all people in nearly all civilized countries throughout the world, in cases of "insurrection (open rebellion) or invasion". Neither case applies to many of the individuals we have been holding for several years under conditions of torture. Even our military's newly codified rules require a determination of "enemy combatant" status before we can jail them indefinitely without the basic right of habeas corpus - a requirement our moronic and utterly arrogant Bush administration has ignored. Simply put, the law passed essentially by rePIGlicans last year to end habeas corpus is clearly unconstitutional and must be struck down by the Supreme Court - even if congress collectively lacks the sense to correct its mistake. These bastards like Lieberman, Cornyn, Sessions, Hatch, Kyle and Inofe are a disgrace to the senate and should never be re-elected. If there ever is a revolution in this country (God knows we need one) the first order of business post revolution should be to convene a tribunal and chop the heads off the bastards that have layed waste to our Constitution - Marie Antoinette style. These creepy bastards that have sworn to uphold our Constitution deserve the kind of justice they appear to crave - the fascist brand. Or better yet, perhaps we should render them to the countries they have been abusing. Then, when they're about to be boiled alive in hot oil in one of the "stan" countries - they beg and plead their handlers to respect their Geneva Convention rights - oh....that's right....they don't believe in the Geneva Convention....How utterly pathetic.

[K-Dog76]

Very hateful post. Too much angst for a true progressive. I like that most post from supposed liberal progressive are so angry and hateful towards are own politicians while you don't see Osama or Ahmadinejad aren't refered to as fascists or creepy or evil.

That tells me that the terrorists have won and its only a matter of time before the whole system fails.

I consider myself libertarian and centrist, the fringes of both parties in AMerica are scary. It requires discourse and not hate speech too bring this country together.

[Observer1]

Somehow Americans don't get it. When a law is put in place in the US, it is never repealed.
Administrations change, policies change. The time and the opportunity to reverse things always passes.
And America thrives on their democratic right to bitch about about it until "the new administration comes along and they will change things"

So live with the fact that in your lifetime, your constitutional rights have been irrevoccably amended, by the stupidest President ever.

It astounds me that the only deterrent against a war with Iran (and a holocaust in the ME) may only be China and/or Russia saying NO, Not the Democrats, who have no guts.

And when that happens, we will all turn patriotic and support the US Government stance, because we do not like the other guys.

This is the nature of America's patriotic arrogance.

PS. 2 million people were evacuated in one day due to the typhoon. Great job FEMA! Oh sorry, that was China. Those incompetent Communists.

[zjr909]

This is one time I wouldn't want to see someone "hoisted on his own petard" - because of all the innocent people who could end up on that same petard. I'm speaking of course of Joe Lieberman (I can't quite bring myself to call him "Senator"). He's out there leading the charge against the US Constitution - and at the same time leading the War with Iran bandwagon. Busy man. He'll probably get his way with Iran, just as he has with habeas corpus. But I fear he'll get a hell of a lot more that he didn't bargain for. War with Iran will finish bankrupting the US; and could also finish gutting the Constitution. Democracy almost certainly will be over with for us. So there may very well be a fight for control of our government. And who might be the victor? Most likely the strongest force. And who might that be? Most likely the force with the skinheads, neo-Nazi's and KKK affectionados (who, by the way, didn't disappear from this earth after "911": they're still out there in the heartland - and even in our military, and certainly in the private mercenary armies).
Long story short: these guys, if they're the victors, won't care too much for a Joe Lieberman - especially if the blame Israel crowd succeed in convincing Americans that a tiny mid-east nation was responsible for everything that went wrong. On that day, Joe Lieberman may wish he'd been just a little more concerned with the quaint old right of habeas corpus.

[bierce]

Constitution. What constitution? That died a long time ago. It is ALL ABOUT business. Money is as money does. Who cares about rights? If you ain't in power, eat it baby.

[mikeeforthetruth]

THE TIME TO FIGHT FOR FREEDOM IS THE TIME WHEN FREEDOM IS THREATEN, NOT THE TIME FREEDOM IS DESTROYED,FOR THAT LATE TIME IS TOO LATE.FREEDOM IS THREATEN NOW. THE DESTRUCTION OF FREEDOM IS NOT FAR OFF. NOW IS THE TIME TO FIGHT.

from a real patriot - John Whiteside Parsons.

MWiz.

truthseeke­rforum.com

[ThomH]

So 44 Senators succeeded in blocking Habeas Corpus, and 44 Senators similarly blocked the Webb Troop Deployment Amendment today, but there's no way for the Senate to block the Iraq war without the 67 votes needed to override a Bush veto?

Nonsense. They can do it the same way these two bills were blocked, and need only 41 Senators to make it happen: just say 'NO" to any further of funding for the war, except for a prompt withdrawal.

Thanks to the Repubs for showing how its done. At least they were willing to stand up and be counted for their mistaken stands. If only the anti-war Senators would do the same.

[grainger5]

This makes me wonder: why is the Bush administration so adamantly opposed to habeas corpus for detainees? And why are they keeping the detainees away from the American criminal justice system? Surely if these people are guilty of plotting against the US then they should be jailed. Perhaps there is another reason.

Perhaps the detainees no longer exist.
Maybe they were executed illegally.

This means the prison complex at Guantanamo Bay, Cuba is a giant hoax.

Something to wonder about.

I also wonder, will this post even make it?

Make that TWO things to wonder about.

[K-Dog76]

Because, as laid out in Osama's terrorist manual, there are a string of actions that a captured terrorist can use to exploit our legal system. This mentioned in the news befor Camp X-Ray ever opened. These include claims of abuse, etc. They want to use our own freedoms against us. So we just don't afford them the sam rights. Many of those detainees have been released.

While it is possible and tragic that there was an innocent person in Gitmo, I find it hard to believe because they were captured in the field with guns and bombs not sitting intheir houses watching TV.

[MichaelCaine]

Its time the Democrats started forcing the Republicans to filibuster for real. Until cloture is voted on, the topic on the floor is the Habeus Corpus bill. 24 Hours a Day. 7 Days a Week. Republicans want to discuss it further, let them explain why they don't want it restored.

[realitytrumpsbull]

Habeus shmabeus, this isn't the first time we've seen kangaroo court, and it won't be the last, when you're working on grand-scale social engineering, it's probably wiser to just
put the goalposts on rollers, makes em easier to move, and stuff...

[sarge]

Wow. Our Senate justed voted to preserve our status as a 'rogue state'! Makes me so proud. Now, lets stop pussyfoot'n around & go kick some ass in Iran!

[dadw5boys]

4 to 5 weeks Sarge. People say the Reserve Fighter Wings are flying a lot a whole lot. Prasticing like they do before every major engagement.

[dobberdoss]

If you want hell you will get it! believe me

[LilyMaskew]

The way this senate acts, it makes we wonder if they are all being blackmailed or something? To vote so many times so disasterously - are they under a threat of some kind? Or do they think they'll be rewarded for ruining the US?

[nopartygal]

LilyMaskew -

"Or do they think they'll be rewarded for ruining the US?"

No, no, you don't get it! That's not it at all! They are doing this to 'protect' us! You see, them thar' terrorists, well "they hated us for our freedom" you see. Now we're safe: no more freedom = no more need to fear them nasty terrorists.

We should all be sending those killers of the Constitution a great big thank you note and throwing flowers at their feet for rescuing us. Anyone who doesn't know this is a misinformed ingrate.

[research]

What do you think all that domestic wiretapping is all for? Dirt on political enemies!

[K-Dog76]

research: please do you even know what the wiretapping policy is? It allows the Feds to listen in on foreign calls coming into the U.S. from people already listed as terrorist suspects. Lets not blow this out of proportion. While it may not be the best idea, you don't have to worry unless you have sketchy friends in Iran, etc...

[Nonamnesiac]

This is simply posturing on the part of the Democrats. There was no excuse for the Military Commissions Act to have passed. The Dems could have filibustered it and didn't. Now they try to pass a Bill that requires 60 votes and vote in favor of restoring habeas corpus. They would not have needed 60 votes if they filibustered it in the first place.

Similarly, if they refuse to fund the war unless it includes timetables and directs funding only to protection of the troops (armored vehicles) and withdrawal, the Republicans and Bush will be forced to either pass the Democratic bill or vote against protection of the troops. If the Dems pass Bush's funding Bill after symbolically passing a funding Bill they know Bush will veto, instead of contiually passing a nearly identical Bill to their original funding proposal of protecting the troops, clear timetables and funding only for withdrawal, then they are trying to act as if they oppose the war while keeping it a bi-partisan effort.

[research]

I guess they wanted their vacation?

[SensibleAmerican]

Our founding Fathers must be turning in their graves! We are amending the Constitution today to bring back an amendment that was fundamental to our very essence as a Nation?!

I guess the right wing considers gun control more ominous than crushing civil liberties! Fascism and Theocracy have been the foundation of this administration and luckily were not able to take roots. 2008 HAS to eradicate these forces once for all! I hope that those who do not typically vote realize what a disservice they are doing to their Nation and to themselves

A majority of these non-voters are liberal in their political beliefs. I hope they wake up to the criticality of the 2008 elections ...

[LeslieB]

SensibleAmerican,
Take a look at this list and think again about whether or not Fascism has taken root.

The 14 Defining Characteristics of Fascism

1. Powerful and Continuing Nationalism
2. Disdain for the Recognition of Human Rights
3. Identification of Enemies/Scapegoats as a Unifying Cause
4. Supremacy of the Military
5. Rampant Sexism
6. Controlled Mass Media
7. Obsession with National Security
8. Religion and Government are Intertwined
9. Corporate Power is Protected
10. Labor Power is Suppressed
11. Disdain for Intellectuals and the Arts
12. Obsession with Crime and Punishment
13. Rampant Cronyism and Corruption
14. Fraudulent Elections

[SensibleAmerican]

I appreciate your point Leslie and I actually produced a longer list on another response on this board!

Nevertheless, nothing that they have done so far POLITICALLY though is permanent damage, except for the 2 recent appointments on the Supreme Court. Now the economy and the deficit are a different story!

2008 will have the Democrats control Congress AND the White House. The way this party has gone down Rove's slippery slope, it has been reduced to a religious-­right-whit­e-southern political caucus. If the elections had not been stolen in 2000, it would have been 16 years of Dems already! My personal prediction is 16 years of Dems from 2008!

[K-Dog76]

Unfortunately you fail to mention a key component of fascism: :
"Fascism had a strong base of support among the working classes and extremely poor peasants." (Wiki)
Its also worth noting the fascism goes hand in hand with socialism. See: "The National Socialist Movement" or Mein Kampf by Adolph Hitler.

While fascism is opposed to social and economic liberalism. It does not make all conservatives fascists. Think of Abraham Lincoln. Was he a fascist? He was a Republican with various conservative beliefs. It did not prevent him from being progressive.

To make blanket accusations and use "Scapegoating" and labels to further your agenda in and of itself is more fascist than the average American Republican. Be careful what you say if you expect to be considered a truly freethinking progressive liberal, or you make yourself a victim of your accusations.

[Fodge]

The dems have the votes! All they have to do is have enough backbone to draw a line in the sand and hold the Republican obstructionists accountable. I think this is the issue on which to do it. I can't imagine the Republicans wanting to filibuster (and hold up the defense authorization bill) to argue in effect we demand the right of the President to continue violating the constitution by indefinitely holding people who have not been charged with a crime. I think on an issue like this the public can be awakened enough to pressure the obstructionist into backing down.