Chris Anders, ACLU Senior Legislative Counsel writes on the “…long haul to fix the Military commissions Act.”
from the ACLU Blog post:
Thanks to Congress, detainees at Guantanamo lost the due process protection that the Supreme Court said that they had. The Military Commissions Act eliminates the habeas corpus protection to have a court decide if a detainee is being held legally or illegally. It is the most basic due process protection in the Constitution–and Congress took it away by a vote of 51-48 in the Senate. Without habeas, there is a much greater chance that detainees being held indefinitely will once again fall outside the protection of the rule of law.
Now a new Congress is gearing up to address this part of the Military Commissions Act. Senate Judiciary Committee Chairman Patrick Leahy has made repeal of the habeas-stripping section a top priority, and has introduced a bill with the highest ranking Republican on his committee, Senator Arlen Specter, to do just that. On the House side, the new House Judiciary Committee Chairman John Conyers is also ready to have Congress reverse course and protect habeas due process protections.






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