The compromise proposal would allow the federal court reviews in place of ... The right to file habeas corpus petitions in federal courts.So did Graham's amendment get the detainees more? or less? access than they already had?
I had thought that Graham was opposed to the federal appeals courts being involved in this matter whatsoever. But SCOTUS determined there was appeal review via habeas corpus petitions.
This legislation we're talking about is in place of that (habeas corpus petitions) and likely will give less of a review chance to terrorists as the appeals process will only determine whether they are lawfully declared enemy combatants.
But hasn't a military tribunal already done that? And don't we trust the military JAGS to do their jobs more than the federal judges currently sitting on appeals courts?
So although it sounds like this legislation will give less protection to terrorists than SCOTUS tried to provide, it's more than I'm comfortable with. As a JAG, I'm surprised Graham is going for this.
What is your take on this?
Will check in later...
I just came back to ask another question and then I have to leave for a while but will check in again in the a.m., probably.
What makes the Senate think that any counter-proposal will satisfy SCOTUS? SCOTUS has already ruled on this matter. Color me confused.