Skip to comments.R.I.P. Habeas Corpus
Posted on 10/22/2006 6:28:59 AM PDT by Tolerance Sucks Rocks
On Tuesday, October 17, 2006, another nail was pounded into freedom's coffin when President Bush signed the Military Commissions Act into law. Within the Act, the 800-year tradition of Habeas Corpus -- the right of the accused to face their accuser in court -- was essentially eliminated.
While much of the mainstream media glossed over this news with a disinterested yawn, one brave commentator made no bones about the magnitude of this treachery. Watch MSNBC's Keith Olbermann at http://tinyurl.com/yk6osh as he comments on this appalling development. If you do nothing else, WATCH THIS VIDEO! It will make your blood boil, to say the least.
In another video from MSNBC's "Countdown," Olbermann interviews Jonathan Turley, Professor of Constitutional Law at George Washington University ( http://youtube.com/watch?v=P25QkFZ-0zk ). Turley points out that even giving "material support" (such as a donation) to an organization that has been deemed "terrorist" can get you designated an enemy combatant as well. And who determines which organizations are associated with terrorism? The president alone.
We are no longer standing at the precipice of a tyrannical dictatorship -- we've stepped off the edge. The United States is gleefully skipping down the same path as the former Soviet Union, China, and Nazi Germany. "The Most Free Country on Earth" is now merely a phrase of propaganda, not reality.
Still don't believe it? Check out our "Police State" page at www.jpfo.org/policestate.htm . We're constantly adding new articles -- too many, we believe -- that document our slide into a tyrannical, dictatorial regime. Articles like this:
FBI Director wants ISPs to Track Users
Tracking your movements on the internet? Is this what our country is about -- quietly acquiescing as the American Stasi monitors your communications?
IT IS NOT!
America is about the Bill of Rights, that document which specifically states that there are rights upon which the federal government _cannot_ infringe. The Military Commissions Act essentially guts the Bill of Rights, and it is up to us, The People, to demand that our government follow its own charter.
JPFO is constantly exhorting our supporters to celebrate Bill of Rights Day each December 15. But is that enough? EVERY day should be Bill of Rights Day. When we think about our rights once a year (or less), this is the result.
Send this alert to everyone you know, regardless of political affiliation. Celebrate Bill of Rights Day on December 15 (we have many ideas which you can use at http://www.your10rights.com/bord.html ). But most importantly, demand that your rights be respected. There are only 56 days until December 15, Bill of Rights Day. Will you celebrate its true spirit ... or the hollow farce our government wishes to make of it?
Remember, if you don't defend your rights, don't complain when you lose them.
- The Liberty Crew
Habeas Corpus My Ass
This is utter rubbish.
Are you an alien? Have you renounced your citizenship? Have you renounced the Constititution? Are you in open rebellion against the United States? Are you on foreign soil? Are you not a citizen of a member of a Geneva Convention signatory nation?
There are many other questions that could be asked, but if you answered "No" to any of those above -- sorry -- Habea Corpus still applies to you.
FDR used military tribunals for trial, sentencing, and execution of Nazi saboteurs and spies caught on U.S. soil, and some who were caught elsewhere. The Constitution does not permit SCotUS or Congress to do this, and the enemy we now fight is one that has been appeased like a misbehaving child for forty years in Europe, until the worst terrorist act in U.S. history took the lives of more Europeans and Americans than any other.
This is about giving the Commander-in-Chief and his military force the tools they need to prosecute, detain, and terminate with extreme prejudice an enemy unlike even Nazi Germany and Imperial Japan regarding rules of engagement.
And the biggest difference today is the fact that the nuclear genie is out of the lamp.
Civilization is passed on in our values, not our genes. This legislation demonstrates to the decades-behind world that this new enemy demands new consideration, new tactics, and new law. It is the rest of the damn world that's being lazy, here. They all condemn us for being the one Superpower, but it was their own stupid appeasement, isolationism, and "see-what-happens" attitude that drove us to nuclear supremacy, and terrorism to the level of diplomacy.
Blame Europe. They are still sitting there hoping that the wolf will eat them last.
The wolf will.
And finally, there is the Consitution. From Article 1, Section 9 (pertaining to Congress):
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.
JPFO's take on the subject of the military tribunal law.
Lincoln actually suspended Habeas Corpus during the entire "Civil" War. Bush needs to do the same.
I never hear liberal complaining about Lincoln though. Do You??
If you have nothing to hide...What's the problem?
Well, watching that ignorant dumbass would probably make me puke, as well as making my blood boil.
But, alas, Jews for the Preservation of Firearms Ownership, I really thought you guys were smarter than this.
So did FDR--Their HERO!
I'm okay with that and in fact embrace it, given the alternative - a socialist state of near anarchy led by the dems in which muzlims enjoy open season against Americans.
Yep, Sieze ALL Movie and TV studios and make them make US Armed Forces Training Films, like they did in WW II.
The Constitution is not a suicide pact.
It's quite strange that a 2nd amendment rights group would praise a big gun grabber such as keith olberidiot.
US Armed Forces training films for WWIII--Brilliant!!!
Every American adult should have an adult beverage or two and watch some WWIII films. It would do a body good.
You know where that comes from? I can't hear it and not get a cold chill down myback.
Their problem seems to be that they listen to Keith Overtliar. Anyone stupid enough to take Overtliar seriously is not worth wasting our time one
Just remember, Waco was "for Safety of the children." You may not fear such powers in the hands of George Bush, but you'd better fear them in the hands of the Hildabeast.
You should not consent to the exercise of any power by George W. Bush that you would not allow were it to be exercised by Hillary R. Clinton.
Exactly. There are some parts of the document that tend to indicate the executive branch would be able to dtermine the status of teh individual or group in question. That represents too much power in the executive branch for my liking, regardless of who is the executive ata ny given moment.
It's called cognitive dissonance, and is a well-known tool among advertisers.
In 1942, the Supreme Court ruled UNANIMOUSLY (in the Quirin case) that the trial court was wrong, habeas corpus DID apply to eight German saboteurs who had been tried and convicted by a military tribunal, and six sentenced to death. Having taken jurisdiction, the Court then ruled that use of the military tribunal was constitutional, even for saboteur who was an American citizen.
In short, even those this Act is now in place, there will STILL be judicial review. Habeas corpus is still there. What they will NOT have -- just as in Quirin -- are all the guarantees of the Bill of Rights in ordinary "Article III" federal courts.
Sheesh. Get it straight.
Please see my most recent statement on running for Congress, here.
I don't believe the treason statutes apply without a declared war under 1-8-11. This hasn't been done, only actions authorized under the UN charter.
As long as they show us winning, the muslims submitting to peace and freedom, and Mecca becoming just another city.
I can't take credit for that email reply. That was sent by somebody else in one of my Yahoogroups.
Well, I posted that, since it allows the suspension of habeas corpus only in cases of rebellion or invasion. I suppose you could call some of these nuts being held at gitmo invaders, if they came to the U.S. with the long-term goal of destroying the country.
Mistakes. Stupidity or malice by overzealous bureaucrats. This sure has been a problem with other executive agencies.
This was under Article I (The Congress) so I suspect the power to suspend h.c. is in their hands only.
You're out of your mind. The civilian government is functioning and their isn't a general uprising or a massed enemy inside of or near our borders.
I think a very limited declaration of Marshall law on our southern border with Mexico is needed. It only need to extend from the border into the U.S. for a mile or two.
Seize private property for the use of the state?? Can someone point me to a conservative forum on the internet, because this can't be it.
Hey Comrade, try the fourth amendment. It's not that I have to hide, it's nobody's damn business but mine. I'm glad you don't ever get have to live in a world of competitive bidding, where secret, actually means something.
Well, they fornicated the canine on this one. Given their good work in the past, I'll toss this article in the circular file and expect the next to be better.
I for the life of me cannot understand the logic. People here watch Chrissy Matthews so they can bitch about what he says.
Why do people not turn them off? Listening to the Junk Media for "News" these days is like listening to Radio Berlin in Jun 1943 to find out how the Allied War effort was going in WW2.
"Exactly. There are some parts of the document that tend to indicate the executive branch would be able to dtermine the status of teh individual or group in question. That represents too much power in the executive branch for my liking, regardless of who is the executive ata ny given moment."
Yes. And "Vigilantes" on the border comes to mind.
What you said.
Amazing how the scaremongers are out there using the signing of this act to try and convince us OUR civil rights have disappeared.
Only radical Liberal's and RINO's are having a hard time figuring out ho the "enemy combatants" are in this piece of legislation.
On and FWIW...ANYONE that tries using Keith Olbermann as a source to back up anything is NOT a Conservative or Republican of ANY stripe.
This claim raised my eyebrow:
Turley points out that even giving "material support" (such as a donation) to an organization that has been deemed "terrorist" can get you designated an enemy combatant as well. And who determines which organizations are associated with terrorism? The president alone.
The question "What would (or could) Hillary Do?" should automatically apply to any assessment.
How does this stand in your view from this vantage point? I'm just seeking reassurance; I'd feel better if these things automatically ended within a designated period.
And, on this subject traitors, lets not forget a few law makers as well.
We are not replacing a judicial system with no justice - just a different set of Courts with different administrators.
Please note that the suspension of Habeas Corpus is a power given to the Congress, and not to the Executive.
I am aware of that.
Just a little rational information on the new Military Comissions Act of 2006:
§ 948c. Persons subject to military commissions
Any alien unlawful enemy combatant is subject to trial by military commission under this chapter.
§ 948d. Jurisdiction of military commissions
(a) JURISDICTION.A military commission under this chapter
shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001.
Even the leftist bunch at findlaw.com agrees:
And note, in assessing the provision's scope, that the definition of "unlawful enemy combatant" is not limited to aliens (even though U.S. citizens cannot be tried by military commissions, and are not covered by the bill's habeas-stripping provisions).
Military Commission Proceedings
The bill provides that alien unlawful enemy combatants (but not U.S. citizens) are subject to trial by military commission.
Key word in there...ALIEN...not a legal citizen of the U.S. for the slow readers at home.
For those here that claim to be "conservative" yet are peddling this fear mongering crap and using a radical Lib like Keith Olbermann as your "proof" this Act is bad...take your sh*t somewhere else.
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