A year after lawmakers abandoned American principles on the rule of law and stripped detainees of their right to challenge their detentions in court, the Senate today turned back an effort to return some sanity to our rule of law. A bipartisan majority supported restoring habeas corpus, but Republican obstructionism wouldn’t allow a vote.
The Senate narrowly rejected legislation on Wednesday that would have given military detainees the right to protest their detention in federal court.
The 56-43 vote against the bill, by Sens. Patrick Leahy, D-Vt., and Arlen Specter, R-Pa., fell four votes shy of the 60 needed to cut off debate. It was a blow for human rights groups that say a current ban on habeas corpus petitions could lead to the indefinite detention of individuals wrongfully suspected of terrorism. […]
Leahy said he would try again to repeal it, although he was not sure when he would get another chance.
“The truth is that casting aside the time-honored protection of habeas corpus makes us more vulnerable as a nation because it leads us away from our core American values,” Leahy said. “It calls into question our historic roll as a defender of human rights around the world.”
The roll call is online, but I’d highlight a couple of things. First, every Democrat in the Senate supported restoring habeas, including conservative Dems from red states who are up for re-election. There is a patriotic party that’s still willing to stand up for American principles; it’s called the Democratic Party.
Second, six Senate Republicans had the decency to break party ranks on the issue: Sens. Snowe (Maine), Sununu (N.H.), Specter (Pa.), Hagel (Neb.), Lugar (Ind.), and Smith (Ore.).
And third, Joe Lieberman supported the Republican filibuster and voted with the GOP. What a disgrace.
Keep in mind, this was just the vote to allow a vote. It’s one thing for conservatives to oppose habeas corpus, but these guys wouldn’t even allow an up-or-down vote on a basic principle of Western Civilization.
Indeed, it’s horrifying to think that supporting habeas is suddenly “old school” — as in Magna Carta in 1215 old school.
But that’s where we’ve come, thanks to the radicalization of today’s Republican Party.
I thought the statement from Senate Judiciary Committee Chairman Pat Leahy (D-Vt.) was spot-on.
“The vote today showed that a majority of the Senate supports our efforts to correct the historic mistake made in last year’s Military Commissions Act, but there is still more work to be done to overcome the Republican filibuster. Like the internment of Japanese Americans during World War II, the elimination of habeas rights was an action driven by fear, and it was a stain on America’s reputation in the world.
“This bipartisan initiative has brought together Americans who call themselves conservatives, Americans who call themselves liberals, or libertarians, or evangelicals, or independents, and I am proud to be associated with them in this effort. We will continue to work for what is right and what is just.
“Senator Specter and I came to this Floor to offer this amendment back on July 10, when this bill was initially being considered, and thereafter. I thank him for his work in this effort. I also want to express my appreciation to Majority Leader Reid, Chairman Carl Levin, Senator Dodd, Senator Menendez, Senator Bingaman, and others who have participated in or facilitated this debate.
“We have brought this to the Senate Floor not because it is politically easy or popular, but because it is the right thing to do. This has been a debate that has invoked constitutional principles, legal precepts, Latin phrases, and historical precedents. This is an issue that lends itself to politically provocative distortions. Constitutional principles need our defense not so much when it is popular to do so, as when it may not be popular or easy to do.
“It is difficult to defend the higher ground by taking the lower road. The world knows what our enemies stand for. The world also knows what this country has tried to stand for and live up to – in the best of times, and the worst of times.
“It is from strength that America should defend our values and our way of life. It is from the strength of our freedoms, our Constitution, and the rule of law that we shall prevail. I thank and commend Senators who joined with us to stand up for a stronger America, for the America we believe in, by voting to invoke cloture on the Habeas Corpus Restoration Act of 2007. We will not give up on this important effort.”
Next up, the Supreme Court, which agreed in June to consider whether the ban on habeas corpus petitions is constitutional. I’m cautiously optimistic.