Given this week’s court ruling on Guantanamo detainees, opponents of the Military Commissions Act are on the move.
A day after two military judges ruled against the Bush administration’s system for trying terrorism detainees, Democrats seized on the rulings on Tuesday as evidence that Congress should restore the right of those held at Guantanamo Bay, Cuba, to challenge their detentions.
Senator Harry Reid, the Nevada Democrat who is the majority leader, said he would be willing to bring such legislation to the floor. The Senate Judiciary Committee is preparing to approve such a plan on Thursday.
Senator Patrick J. Leahy, the Vermont Democrat who is chairman of the Judiciary Committee, said the rulings on Monday in two cases added urgency to the push to restore detainees’ right to file habeas corpus suits. Congress eliminated that right last year while redesigning the military tribunals after the Supreme Court struck down the first plan.
Mr. Leahy criticized the administration for insisting on an approach to the tribunals “which even conservative courts say no to.”
“It just shows what happens when they want to just rush something through arbitrarily without actually listening to the people who actually knew what they are talking about,” he said Tuesday in an interview.
The Bush gang? Rush through legally dubious detainee legislation without knowing what they’re talking about? Never.
I couldn’t help but laugh at the reaction from Sen. John Warner (R-Va.), who helped write the MCA. “Congress cannot suddenly rewrite laws every time a federal district court judge or someone changes their view of the law,” Warner said. “Give it some time.”
Um, senator? Congress suddenly rewrote the law by passing the MCA in response to a Supreme Court ruling on detainees. There were no Republicans saying, “Give it some time” last September.
Regardless, Leahy is moving forward with credible legislation to correct (at least some of) the mistake. From an email Leahy’s office sent around yesterday:
Of the many assaults on our civil liberties and American values that transpired when the Republicans held complete control of our government, one of the last was also one of the worst. Many of you may recall the hasty passage of the Military Commissions Act in the weeks leading up to last year’s election, a bill that set new rules for trying detainees, in particular those currently being held at Guantanamo Bay in Cuba.
Even a Supreme Court dominated by Republican-appointed justices had found the Bush Administration’s Guantanamo setup to be unconstitutional. This bill, rushed through a rubberstamp Republican Congress, was the Bush Administration’s way to keep court review in the future to a minimum.
The passage of this bill was a profound mistake, and its elimination of habeas corpus review was its worst error. Like the internment of Japanese Americans during World War II, the elimination of habeas review was a reflex driven by fear and is another stain on America’s reputation in the world.
Righting this wrong is one of my top priorities, and on the first day of this Congress I joined with Senator Arlen Specter, the Ranking Member on the Senate Judiciary Committee, in introducing the Habeas Corpus Restoration Act of 2007 (S. 185). This bipartisan bill already has [19] cosponsors, but it faces a crucial vote in the Judiciary Committee this Thursday so we need your help.
This isn’t a pie-in-the-sky endeavor; proponents are making real progress this week on the “Habeas Corpus Restoration Act.” The legislation has 19 co-sponsors (including all four of the Dem senators running for president) and enjoys the backing of the Majority Leader, who wants to bring it to the floor.
FDL has a list of senators on the Senate Judiciary Committee and toll-free numbers to the Hill. Leahy’s office has also established a “take action” page on the legislation.
Stay tuned.