Specter gets the chance to set things right

When the Military Commissions Act, which among other things suspended habeas corpus for suspected terrorists, went to the Senate floor in September, Sen. Arlen Specter (R-Pa.) voiced some relatively passive concerns. He offered an amendment that would have protected habeas, which was defeated. Specter didn’t seem terribly concerned about the lack of his amendment — because he voted for the MCA anyway.

During arguments on the Senate floor, however, Specter seemed to realize the obvious legal problems with the bill. He even told his colleagues, “Surely as we are standing here, if this bill is passed and habeas corpus is stricken, we’ll be back on this floor again” after the courts strike the legislation down.

As it turns out, we may not have to wait for the judiciary; Specter is backing a bi-partisan measure to undo some of what he and other Senate Republicans did.

The top Republican on the Senate Judiciary Committee signaled this week that he’ll join prominent Democrats in seeking to restore legal rights to hundreds of suspected terrorists confined at Guantanamo Bay, Cuba, and elsewhere.

While the measure to restore the right of habeas corpus has almost no chance of passing before Congress adjourns later this week, the message is clear: When Democrats take over in early January, the issue could resurface.

The Military Commissions Act of 2006, which Bush signed into law in October, prevents detainees who aren’t U.S. citizens from challenging their detentions in civilian courts. But Senate Judiciary Committee Chairman Arlen Specter, R-Pa., who voted for the legislation despite his opposition to stripping such rights from detainees, on Tuesday reintroduced legislation to restore those rights.

Good for Arlen. What spurred Specter into action? A recent article from Jeffrey Toobin may have had something to do with it.

A couple of weeks ago, the New Yorker ran a Toobin piece suggesting that Specter believed going along with legislation suspending habeas was his way of making sure he could remain the chairman of the Senate Judiciary Committee if Republicans held onto their majority.

Of course, the GOP is now in the minority, and with no career motivations in mind, Specter can follow his conscience, at least on this.

“The Constitution of the United States is explicit that habeas corpus may be suspended only in time of rebellion or invasion,” Specter said on the floor. “We are suffering neither of those alternatives at the present time. We have not been invaded, and there has not been a rebellion. That much is conceded.”

His co-sponsor, Sen. Patrick Leahy, D-Vt., who’ll become chairman of the Judiciary Committee when the Democrats take over in January, noted that the effort to secure habeas appeals for all detainees failed by only three votes.

“Since then, the American people have spoken against the administration’s stay- the-course approach to national security and against a rubber-stamp Congress that accommodated this administration’s efforts to grab more and more power,” Leahy said. “Abolishing habeas corpus for anyone who the government thinks might have assisted enemies of the United States is unnecessary and morally wrong. It is a betrayal of the most basic values of freedom for which America stands.”

As we know all too well, Specter has a tendency of saying the right things early on, only to roll over the moment the White House tells him to. This may not happen this time — Specter is in the minority so he has less to lose, and a lame-duck president’s power of persuasion is clearly on the wane. There’s nothing Bush has that Specter wants.

Then again, Bush does that have pesky veto pen….

I saw the Road to Guantanamo this week and as terrible as it was, it wasn’t the worst of what Bush does. Guantanamo is just what we know about. i think the courts will take care of this issue even if the Congress doesn’t.

  • …“The Constitution of the United States is explicit that habeas corpus may be suspended only in time of rebellion or invasion,” Specter said on the floor. “We are suffering neither of those alternatives at the present time…”

    Are you sure, Arlen? Ask Bush’s Attorney General. Maybe it means if we invade someone else’s country and if the people in that country rebel against the puppet government we put in place, then Habeus Corpus can be suspended.

    /snark

  • Bush may have the pesky veto pen, but he will have Congress, the courts and the will of the American public pushing back against him. With all of his politcal capital squandered or garnished by the recent election, does he really want to spend his last two years of his presidencyincreasingly marginalized? As the saying goes, is that the hill he’s willing to die on?

  • What Dale said, but the damage is done. The things they have done will be told to generations of Muslims all over the world, and amplified if we do not bring the criminals to justice.

    They have planted the seeds for generations of terrorists. I think Bush’s plan was to be raptured before they all sprouted and bore fruit.

  • Specter will have to prove himself by doing what he says repeatedly before I’ll be convinced he’s overcome his split personality.

    Off topic, but today is the 65th anniversary of the attack on Pearl Harbor. A tip of the hat and deep gratitude to all who served at home and abroad, and their families.

  • Watch what happens when the repeal happens by a non-veto-proof majority, popular opinion supports it, President Fucked-Up-Everything-He-Ever-Touched vetoes it, and a veto-override majority passes it, as those Republicans interested in careers after 2008 “play the Specter game.” And then we have Asswipe where we want him, hiding in an undisclosed location with Dickless.

  • Coincidentally, I just finished reading the Toobin piece this morning. My favorite snippet, and one that may help to explain — but not justify — Specter’s flaccidity was this one:

    Specter’s own beliefs appear to have changed little over the years, but he has been forced to work in an environment in which the Republican Party, especially in Congress, has imposed ever-tighter discipline. “When Lyndon Johnson became Vice-President, he wasn’t welcome at Senate Democratic caucus meetings anymore, because it was for senators only,” Patrick Leahy, the ranking Democrat on the Judiciary Committee, told me. “But every Tuesday since Bush has been President it’s been like a Mafia funeral around here. There are, like, fifteen cars with lights and sirens, and Cheney and Karl Rove come to the Republican caucus meetings and tell those guys what to do. It’s all ‘Yes, sir, yes, sir.’ I bet there is not a lot of dissent that goes on in that room. In thirty-two years in the Senate, I have never seen a Congress roll over and play dead like this one.”

  • It may have been that he could read the tea leaves, i.e. saw that Dems were going to win, and thought that he would have another whack at the bill at a later date.

    I was very disappointed when he caved earlier. I lived in Pennsylvania for years and liked and voted for Specter.

    But I’m giving him the benefit of the doubt.

  • Then again, Bush does that have pesky veto pen….

    And therein lies the problem. Even if Specter does follow through on his apparent spate of conscience this time, it may well be too late to undo the damage that he supported just a few months ago. And does anyone think he’d be taking this position now had the Republicans won last month? Specter’s no an idiot, or a blind ideologue like much of the Republican wing of the 109th Congress. He knew what he was doing when he voted to undermine centuries of legal tradition for nothing more than a committee chairmanship. In some ways, that makes him more despicable than the true believers.

  • Yes, Specter was eager to jettison his conscience for the sake of a committee chairmanship, but not that he is in the minority and has nothing to lose politically, he’ll stand up and do the right thing. A real profile in courage.

  • Gee, a republican putting career ambitions before this country’s best interests. Typical, we are not even talking about his job, just a chairmanship. What does that really get him, a better office, and a couple of bucks a month extra ?? The part that really blows is that we have to be cordial in case we need a veto proof majority on certain bills.

    He was a major enabler. Why aren’t any of these straight-talkers whinning about their departing collegues leaving the place a mess. Pathetic.Gee, a republican putting career ambitions before this country’s best interests. Typical, we are not even talking about his job, just a chairmanship. What does that really get him, a better office, and a couple of bucks a month extra ??

    The part that really blows is that we have to be cordial in case we need a veto proof majority on certain bills.

    He was a major enabler. Why aren’t any of these straight-talkers whining about their departing colleagues leaving the place a mess. Pathetic.

  • Glenn Greenwald does a good job (unfortunately) of offering reasons why there isn’t much to be hopefull about when it comes to repealling the habeas part of the MCA. It looks like a daunting task trying to pick up the 13 votes needed to make it veto proof. There is always hope, however.

  • Spector will never redeem himself in my eyes or in the eyes of most of us. He is such a coward; I have lost all respect for him. I think Glen Greenwald is right,and it will be hard to overcome a veto, so we have to hope the Supreme Court overturns this thing. Spector should have killed it in committee, as any good American would have done. I don’ t think anyone who voted for the bill should be re-elected in 2008 or in 2010. Some mistakes should not be forgotten or forgiven, but such decisions simply make a person unfit for office.

  • Spector will be joining Santorum soon enough.
    He changes with the wind, and cannot be trusted….ever!

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