Habeas Corpus...Are We Back on the Right Track?

In a landmark decision the Supreme Court ruled that detainees at Guantanamo Bay had the right to habeas corpus. The prisoners in other words have the Constitutional and legal right to challenge their detentions in a civilian court of law.

Justice Anthony Kennedy wrote the majority decision and there is a line in it, which I believe will be oft-quoted in years to come.

“The laws and Constitution are designed to survive, and remain in force, in extraordinary times”.

It is only justice that these detainees are given the chance to explore the "Great Writ" and seek to challenge their detention in a court of law.

This seemingly is not going to affect military commission trials says the Attorney General.

Naturally this has really irked the GOP and the President.

Sen. Graham of South Carolina had the audacity and the ignorance to consider drafting a constitutional amendment to "to blunt the effect of this decision.''

What is he going to do? Amend Article One Section 9 of the Constitution and change something in this?

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

Our Constitution is very clear on this. There is no state of rebellion and there is no invasion. It would be exceedingly intellectually shallow to declare that the war on terror constitutes an "Invasion".

I find it sad that politicians, notably on the right, must resort to fear mongering to keep their heads above water.

What is so bad about allowing prisoners to challenge their detention? What is Mr. Bush so afraid of? Is he afraid of the alleged torture?

Detainees at the U.S. military prison at Guantanamo Bay, Cuba, were shackled to the floor in fetal positions for more than 24 hours at a time, left without food and water, and allowed to defecate on themselves, an FBI agent who said he witnessed such abuse reported in a memo to supervisors, according to documents released yesterday.

Is that what they are afraid? That in a court of justice a detainee would expose the horrid, illegal, and inhumane acts they were subjected to by United States military personnel?

Or is that we detain children at Guantanamo Bay?

The US military has admitted that children aged 16 years and younger are among the detainees being interrogated at its prison camp in Guantanamo Bay, Cuba.

Lieutenant Colonel Barry Johnson, a US military spokesman, yesterday said all the teenagers being held were "captured as active combatants against US forces", and described them as "enemy combatants".

These are child soldiers. They are indoctrinated to kill and hate. Sure do we not have a humane side to give at least the children a chance to challenge their detention? Do the children at least have the opportunity to be protected from torture?

We do not even know if they are subjected to the torture that the adult prisoners are.

It is clear from the evidence that this Administration cares not for human rights. They demonize our enemies. They turn them into beasts and monsters. Creatures that under the law have no rights. It is clear that this Administration cares not for the law or for justice. It is clear that this Administration cares not for our own Constitution. The thought of amending it to further restrict a writ that has been held in high legal regard for centuries is dangerous and disturbing.

This was a small victory in a battle to restore our legal and ethical integrity. I can only hope that justice prevails.