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	<title>Comments on: Why Habeas Review Matters</title>
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		<title>By: oregondave</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20124</link>
		<dc:creator>oregondave</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20124</guid>
		<description>&lt;p&gt;Habeas corpus is a human right, not merely an American right.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Habeas corpus is a human right, not merely an American right.</p>
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		<title>By: kia</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20125</link>
		<dc:creator>kia</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20125</guid>
		<description>&lt;p&gt;&lt;i&gt;That you may be enabled to enter into the true spirit of the present law, it is necessary, Gentlemen, to apprise you that there is an act, made so long ago as in the reign of Henry the Eighth, before the existence or thought of any English colonies in America, for the trial in this kingdom of treasons committed out of the realm. In the year 1769 Parliament thought proper to acquaint the crown with their construction of that act in a formal address, wherein they entreated his Majesty to cause persons charged with high treason in America to be brought into this kingdom for trial. By this act of Henry the Eighth, so construed and so applied, almost all that is substantial and beneficial in a trial by jury is taken away from the subject in the colonies. This is, however, saying too little; for to try a man under that act is, in effect, to condemn him unheard. A person is brought hither in the dungeon of a ship’s hold; thence he is vomited into a dungeon on land, loaded with irons, unfurnished with money, unsupported by friends, three thousand miles from all means of calling upon or confronting evidence, where no one local circumstance that tends to detect perjury can possibly be judged of;Â—such a person may be executed according to form, but he can never be tried according to justice.&lt;/i&gt;&lt;/p&gt;
&lt;p&gt;I therefore could never reconcile myself to the bill I send you, which is expressly provided to remove all inconveniences from the establishment of a mode of trial which has ever appeared to me most unjust and most unconstitutional. Far from removing the difficulties which impede the execution of so mischievous a project, I would heap new difficulties upon it, if it were in my power. All the ancient, honest, juridical principles and institutions of England are so many clogs to check and retard the headlong course of violence and oppression. They were invented for this one good purpose, that what was not just should not be convenient. Convinced of this, I would leave things as I found them. The old, cool-headed, general law is as good as any deviation dictated by present heat.&lt;/p&gt;
&lt;p&gt;That’s Edmund Burke, in 1777, defending Americans against the suspension of habeas corpus by the English Parliament in 1777. Read &lt;a href=&quot;http://pintday.org/ebooks/gutenberg/files/15198/15198-h/15198-h.htm#SHERIFFS_OF_THE_CITY_OF_BRISTOL&quot;&gt;the whole thing&lt;/a&gt;.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><i>That you may be enabled to enter into the true spirit of the present law, it is necessary, Gentlemen, to apprise you that there is an act, made so long ago as in the reign of Henry the Eighth, before the existence or thought of any English colonies in America, for the trial in this kingdom of treasons committed out of the realm. In the year 1769 Parliament thought proper to acquaint the crown with their construction of that act in a formal address, wherein they entreated his Majesty to cause persons charged with high treason in America to be brought into this kingdom for trial. By this act of Henry the Eighth, so construed and so applied, almost all that is substantial and beneficial in a trial by jury is taken away from the subject in the colonies. This is, however, saying too little; for to try a man under that act is, in effect, to condemn him unheard. A person is brought hither in the dungeon of a ship’s hold; thence he is vomited into a dungeon on land, loaded with irons, unfurnished with money, unsupported by friends, three thousand miles from all means of calling upon or confronting evidence, where no one local circumstance that tends to detect perjury can possibly be judged of;Â—such a person may be executed according to form, but he can never be tried according to justice.</i></p>
<p>I therefore could never reconcile myself to the bill I send you, which is expressly provided to remove all inconveniences from the establishment of a mode of trial which has ever appeared to me most unjust and most unconstitutional. Far from removing the difficulties which impede the execution of so mischievous a project, I would heap new difficulties upon it, if it were in my power. All the ancient, honest, juridical principles and institutions of England are so many clogs to check and retard the headlong course of violence and oppression. They were invented for this one good purpose, that what was not just should not be convenient. Convinced of this, I would leave things as I found them. The old, cool-headed, general law is as good as any deviation dictated by present heat.</p>
<p>That’s Edmund Burke, in 1777, defending Americans against the suspension of habeas corpus by the English Parliament in 1777. Read <a href="http://pintday.org/ebooks/gutenberg/files/15198/15198-h/15198-h.htm#SHERIFFS_OF_THE_CITY_OF_BRISTOL">the whole thing</a>.</p>
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		<title>By: trevor</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20126</link>
		<dc:creator>trevor</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20126</guid>
		<description>&lt;p&gt;Dear friends,&lt;/p&gt;
&lt;p&gt;Just a short note — commenting “New thread” rather irritates me because sometimes a submission deserves large discussion. In this case, I think the quality and length of Reddhead’s contribution is cheapened by declaring “New thread.” &lt;/p&gt;
&lt;p&gt;Why not simply let threads have their own life and scope?&lt;/p&gt;
&lt;p&gt;I make a plea to please refrain from attempting to artificially control the discussions. &lt;/p&gt;
&lt;p&gt;Thank you,&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Dear friends,</p>
<p>Just a short note — commenting “New thread” rather irritates me because sometimes a submission deserves large discussion. In this case, I think the quality and length of Reddhead’s contribution is cheapened by declaring “New thread.” </p>
<p>Why not simply let threads have their own life and scope?</p>
<p>I make a plea to please refrain from attempting to artificially control the discussions. </p>
<p>Thank you,</p>
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		<title>By: ReddHedd</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20127</link>
		<dc:creator>ReddHedd</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20127</guid>
		<description>&lt;p&gt;heeee  BobT.  I’m going to take that as a compliment, since my poor brain is still tired after working on this piece yesterday.  ;-)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>heeee  BobT.  I’m going to take that as a compliment, since my poor brain is still tired after working on this piece yesterday.  ;-)</p>
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		<title>By: Bob T</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20128</link>
		<dc:creator>Bob T</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20128</guid>
		<description>&lt;p&gt;Gee, Could you possibly be more cogent?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Gee, Could you possibly be more cogent?</p>
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		<title>By: Frances Perkins</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20129</link>
		<dc:creator>Frances Perkins</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20129</guid>
		<description>&lt;p&gt;Don’t forget the Report of the Red Cross in February 2004 which included the statement that certain Coalition Forces military officers estimated that between 70% and 90% of the persons deprived of their liberty in Iraq had been arrested by mistake.&lt;/p&gt;
&lt;p&gt;If this is any indication of the situation at Guantanamo Bay, then it is likely that many detainees are being held to conceal the lack of justification for their detention.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Don’t forget the Report of the Red Cross in February 2004 which included the statement that certain Coalition Forces military officers estimated that between 70% and 90% of the persons deprived of their liberty in Iraq had been arrested by mistake.</p>
<p>If this is any indication of the situation at Guantanamo Bay, then it is likely that many detainees are being held to conceal the lack of justification for their detention.</p>
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		<title>By: Wilson46201</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20130</link>
		<dc:creator>Wilson46201</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20130</guid>
		<description>&lt;p&gt;new thread&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>new thread</p>
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		<title>By: percy</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20131</link>
		<dc:creator>percy</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20131</guid>
		<description>&lt;p&gt;New thread.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>New thread.</p>
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		<title>By: Rayne</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20132</link>
		<dc:creator>Rayne</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20132</guid>
		<description>&lt;p&gt;Redd, thanks for this post.  I’ve felt since 2001 that this administration was intent upon vacating every treaty ever made, that the neo-cons’ strategy defined in the PNAC white paper, “Rebuilding America’s Defenses”, intended implementation of an imperialist agenda not unlike that of Britain pre-Revolution.  It has been clear to me that the sole reason for holding detainees offshore has been to act in an extra-constitutional fashion against individuals (in contrast to nation-states, so as to avoid the challenge of treaty enforcement).&lt;/p&gt;
&lt;p&gt;It is fear-inducing to see the UK contemplating holding detainees for 90 days; has the neo-con agenda now corrupted a formerly reformed imperialist nation?  This is a serious flaw in the neo-con agenda; as the world’s sole superpower, the US sets the tone for all other nations’ foreign policies towards us and towards others.  Moving to usurp an enumerated right grants similar permission to those countries whose leanings towards democracy are tenuous — undermining substantively the objectives of the neo-con agenda (strengthening ties to allies and promoting political and economic freedom).&lt;/p&gt;
&lt;p&gt;Unless, of course, the real neo-con agenda is the spread of corporatism — greater rights and freedoms for corporations than for individuals, regardless of the country of origin.  This is a point upon which progressives must hammer going into the next election year, that the founding fathers intended this: humans have God-given rights, not corporations, and not the military-industrial complex to which corporations may belong.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Redd, thanks for this post.  I’ve felt since 2001 that this administration was intent upon vacating every treaty ever made, that the neo-cons’ strategy defined in the PNAC white paper, “Rebuilding America’s Defenses”, intended implementation of an imperialist agenda not unlike that of Britain pre-Revolution.  It has been clear to me that the sole reason for holding detainees offshore has been to act in an extra-constitutional fashion against individuals (in contrast to nation-states, so as to avoid the challenge of treaty enforcement).</p>
<p>It is fear-inducing to see the UK contemplating holding detainees for 90 days; has the neo-con agenda now corrupted a formerly reformed imperialist nation?  This is a serious flaw in the neo-con agenda; as the world’s sole superpower, the US sets the tone for all other nations’ foreign policies towards us and towards others.  Moving to usurp an enumerated right grants similar permission to those countries whose leanings towards democracy are tenuous — undermining substantively the objectives of the neo-con agenda (strengthening ties to allies and promoting political and economic freedom).</p>
<p>Unless, of course, the real neo-con agenda is the spread of corporatism — greater rights and freedoms for corporations than for individuals, regardless of the country of origin.  This is a point upon which progressives must hammer going into the next election year, that the founding fathers intended this: humans have God-given rights, not corporations, and not the military-industrial complex to which corporations may belong.</p>
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		<title>By: rwcole</title>
		<link>http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20133</link>
		<dc:creator>rwcole</dc:creator>
		<pubDate>Tue, 30 Nov 1999 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2005/11/12/why-habeas-review-matters/#comment-20133</guid>
		<description>&lt;p&gt;Here’s my prediction of the political future.&lt;/p&gt;
&lt;p&gt;Bush will have a rough 06. He will sometimes rise above 40% in the polls and then sink back down again. &lt;/p&gt;
&lt;p&gt;He will discover that his “agenda” is blocked by goopers seeking re-election- and he won’t get much down.&lt;/p&gt;
&lt;p&gt;In the meantime, he will have to navigate through an Iraq war that won’t get any better, a bursting housing bubble, release of videos of torture, a growing defict, the Rove mess, and growing turmoil within the gooper party.&lt;/p&gt;
&lt;p&gt;In 2006- goopers will lose seats in both houses- but probably maintain nominal control in both- perhaps a two seat margin in the senate and a seven seat margin in the house.&lt;/p&gt;
&lt;p&gt;In 2007- the gooper run of presidential candidates will bring a prez who is already a lame duck to his knees. He will be a laughing stock.&lt;/p&gt;
&lt;p&gt;The political action will be mostly on the gooper side as the party tries to chose between McCain who is a likely winner and George Allen- who will be the darling of the snakehandlers.&lt;/p&gt;
&lt;p&gt;The primaries will be a repeat of 2000- with South Carolina giving Allen the nomination.&lt;/p&gt;
&lt;p&gt;Dems will flirt with Hillary- but will go with Warner in the end- as the deficit will be choking america.&lt;/p&gt;
&lt;p&gt;Warner will soundly defeat Allen in an all Virginia race and bring a new dem congressional majority with him.&lt;/p&gt;
&lt;p&gt;Goopers will be screaming that they need to re-design the Gooper party- and the whole cycle will begin again.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Here’s my prediction of the political future.</p>
<p>Bush will have a rough 06. He will sometimes rise above 40% in the polls and then sink back down again. </p>
<p>He will discover that his “agenda” is blocked by goopers seeking re-election- and he won’t get much down.</p>
<p>In the meantime, he will have to navigate through an Iraq war that won’t get any better, a bursting housing bubble, release of videos of torture, a growing defict, the Rove mess, and growing turmoil within the gooper party.</p>
<p>In 2006- goopers will lose seats in both houses- but probably maintain nominal control in both- perhaps a two seat margin in the senate and a seven seat margin in the house.</p>
<p>In 2007- the gooper run of presidential candidates will bring a prez who is already a lame duck to his knees. He will be a laughing stock.</p>
<p>The political action will be mostly on the gooper side as the party tries to chose between McCain who is a likely winner and George Allen- who will be the darling of the snakehandlers.</p>
<p>The primaries will be a repeat of 2000- with South Carolina giving Allen the nomination.</p>
<p>Dems will flirt with Hillary- but will go with Warner in the end- as the deficit will be choking america.</p>
<p>Warner will soundly defeat Allen in an all Virginia race and bring a new dem congressional majority with him.</p>
<p>Goopers will be screaming that they need to re-design the Gooper party- and the whole cycle will begin again.</p>
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