[NOTE: Sorry for the inconvenience -- there was a problem with the post that Tula tried putting up for us. While that's being ironed out, please take a peek at this one. Apologies for the confusion gang. -- CHS]
From Bruce Fein in an op-ed in the Washington Times (H/T to reader Ima Patriot II):
…Congress should restore habeas corpus at Guantanamo Bay and renounce the Jacobins’ creed. An attempt in the Senate recently failed, but should be renewed.
The Founding Fathers enshrined the Great Writ in the Constitution to prevent the president from judging the lawfulness of his own detentions. Making proper deductions for the ordinary depravity of human nature, they worried that the president would be tempted to cast political or personal enemies into dungeons or to detain in furtherance of a political agenda absent checking by independent judges. A narrow exception was made “in Cases of Rebellion or Invasion [when] the public Safety may require it,” neither of which fits September 11, 2001, or the threat of international terrorism.
Proponents of suspending habeas corpus for Guantanamo detainees proclaim their faith in the inerrancy of the United States military in capturing enemy combatants. They contend that habeas corpus would be superfluous because only vile terrorists apprehended on the battlefield are being detained. In support, they summon former secretary of defense Donald Rumsfeld and Rear Adm. John D. Stufflebeem, deputy director of operations for the Joint Chiefs of Staff. Mr. Rumsfeld characterized the detainees as “the worst of the worst.” Rear Adm. Stufflebeem chorused: “They are the bad guys. They are the worst of the worst, and if let out on the street, they will go back to the proclivity of trying to kill Americans and others.” Members of Congress have scoffed at habeas corpus premised on their trust in President Bush — like the Queen of Hearts in “Alice in Wonderland” — to target only the guilty for detention.
But based on the government’s own enemy combatant status determinations compiled by Combatant Status Review Tribunals (CSRTs), the probability of error is great. Restoring habeas corpus is necessary to avert unjust life sentences and the corresponding creation of poster children for al Qaeda’s recruiters….
With the resignation of Karen Hughes (H/T ThinkProgress), the US is losing a big advocate for freedom, democracy, and the rule of George, not necessarily in that order. Perhaps we could start talking real world facts and problems instead of continuing to play big footsie with Orwellian doublespeak. And is it too much to ask (H/T Glenn) that members of Congress stand up for the rule of law rather than rolling over for a belly scratch (H/T Marty)?
I’m sure there will be loads of substantive reporting on the importance of the rule of law any minute now (H/T Digby).
…*crickets*…




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Zedliness?
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How can Hughes leave now? I though everyone who hadn’t quit by Sept 1 was supposed to stay until the bitter end.
Belle, uh, er – PEANUT! I know, one post too late, but things are confusing this morning…
Hi Christy!
I was wondering what happened…
Habeas Corpus must be restored. We need America back.
A nation ruled by laws, not be men and women. And no person is above those laws, no matter what position s/he might hold.
I’m sure there will be loads of substantive reporting on the importance of the rule of law any minute now
I’m not holding my breath. The Democratic frontrunner doesn’t seem to know which of the powers that Bush has usurped she’s willing to give up. I wouldn’t count on this getting fixed any time soon, if ever.
Gah! Grrrr! Urrrr!
This whole thing makes me practically incandescent with rage. I want George up for high treason and war crimes. Agh!
King John is never around when you need him.
Re: Karen Hughes and the Palace of Pathology: From Countdown on Halloween:
peanutbutter @ 9
incandescent with rage-there is a poem in there somewhere peanutbutter.
The Founding Fathers enshrined the Great Writ in the Constitution to prevent the president from judging the lawfulness of his own detentions.
marymccurnin @ 12
Fluorescent rage creates less CO2 pollution & is pretty effective.
eCAHN @ 10
Shrub makes king John look competent. And sober.
conspicuous absCujo359 @ 8
certainly not as long as a (D) candidate can count on the support of folks who care deeply about these issues, without having to actually do anything to restore habeas, end the war, etc.
eCAHNomics @ 14
lol!
Can we get Pelosi/Conyers/Hoyer to sit and be lectured by Bruce Fein on how they are guilty of dereliction of duty ?
OT, New Froomkin up Abramoff’s In The House
Unfortunately Christy, it seems that it is too much to ask for most of congress.
Thanks for the post.
In my trip to the UK in January I plan to go to Runnymede where the Magna Carta was signed. I want to stand on the very land where my basic rights were born and mourn its loss.
I’m going to be presenting Hugh’s list at a political event later this month. I’ve decided to present it as a scroll. In case you’re unfamiliar with Hugh’s list of Bush scandals, it is a compilation of W’s most egregious acts, most of them impeachable offenses far more serious than anything Bill Clinton was accused of. Here’s how long the scroll will be, depending on which point type size I choose:
16-pt – 166 pages – 124 feet – 6 inches
14-pt – 128 pages – 96 feet long
12-pt – 97 pages – 72 feet – 9 inches
10-pt – 69 pages – 51 feet – 9 inches
Fein has an acute legal mind. I don’t agree with him politically, but I do respect his legal observations. I, too, thought of the Committee of Public Safety, (that Jacobin enterprise), when at first trying to understand this WH and its refusal to meet any kind of democratic compromise and its insistance on using unlawful actions to carry out its failed policies. I can only hope the current WH occupants are smart enough to avoid the fate of Robespierre. -Kevo
I’m sure Don Siegelman agrees that the neocons would never abuse their power to jail and detain political opponents.
Ed*ard Teller @ 22
Excellent, ET and Hugh !
ET WOW!
I’d go with the 12 or 14 pt.
From Article 1, Section 9, of the US Constitution:
eCAHNomics @ 14
Guess it’s time for me to change those bulbs out! :-)
Ed*ard Teller @ 22
ET,
FWIW, I would go with the smaller font. Hard to read yet still an impressive amount of paper used.
So, let’s see….
The State Department is in a state of mutiny.
Blackwater is now under DOD.
Rummy is still in the basement at DOD, and perhaps Gates is answering to his daily snowflakes.
Cheney wants to bomb Iran, but Condi wants to use other means.
Hughes resigns from State Department.
There’s a war on alright…Cheney/Addington/DOD vs State Department….and W…well, he’s a sociopath who has his other war…with the Democratic Congress.
Biodun @ 27
the RIGHT of habeas corpus is the ONLY right expressly listed in the body of the constitution. Kind of gives you the idea that our founders thought it might be pretty important. Too bad that there are some who don’t.
Biodun @ 27
but but but but …. but but … this is diffrint!
Ed*ard Teller @ 22
Be ready for blowback … someone asking why you had to waste so much paper to make your point … I would go with the 16-pt just to make more of a point as the scroll is unfurled …
Ed*ard Teller @ 22
That is so cool!!!
recycled paper ET.
There was no declaration of war by Congress. Let’s just start with that and work backwards eliminating everything as invalid that depends on war powers.
Petrocelli @ 33
Which is why the smaller font makes more sense. Still an impresive amount of paper yet the smaller font size…
katymine @ 31:
Yep. Habeas corpus is an article of the Constitution and not an amendment….
Woohoo Christy is on Thom Hartman right now!
And on that subject of Blackwater and R’s at war with D’s, this is apropos: You Killed It: Now It’s back
I think it’s critically important to keep Blackwater out of California, and to start work on shutting their other facilities in other states down. The more they get, the harder they will be to oust.
It was absolutely chilling to watch them announce that they should help out with the fires. Sheyeah, right.
TexBetsy @ 35
Good one Betsy !
I would go with the cost of producing the paper Vs the Trillions of Dollars that Bush has added to the National Debt.
katymine @ 39
Ops wrong Christy
dakine01 @ 37
Come on dakine01 … as men, we know that size matters … *g*
fein wrote a nice piece but I think the ramifications of loosing habeas protection needs to be personalized;
without habeas protection an official, (any official by the way) could arrest anyone they didn’t like, if they wanted to put their bussiness out of bussiness, if they had an interest in the persons wife or child, the could simply arrest the person and make beleive they had some kind of reason
they wouldn’t even need a law to make beleive they were acting on, they could write a new law AFTER the arrest and make believe that justified the arrest
and nobody would see evidence the official made up if the official didn’t want them to see it
that is the way it needs to be presented
things like;
“I don’t want someone to become an official so they can make up reasons to arrest their bussiness competitors”
“I don’t want some depraved official to arrest me because he has his eye on my wife or my daughter”
I can’t really get the right sentence to give the best impact but I think everyone gets the right idea
Petrocelli @ 43
But as you say, the blowback becomes the issue. This way, it stops the blowback while still making the point.
dakine01 @ 37
Can I do it with narrow margins on toilet paper?
perris @ 44
How about, “When we lose Habeas Corpus, we lose America !”
Christy, when might we get an update on Jane ? I have to get back to writing, but will check back later to hear all’s well …
Ed*ard Teller @ 46
Are you going to set it up with the “Hear ye, Hear ye” intro?
Ed*ard Teller @ 46
That’s reserved for the State of the Union.
Does your printer take toilet paper?
Ed*ard Teller @ 46
Use one of those brown rolls of hand towels with a nice brush script font!
Ed*ard Teller @ 46
I saw a cartoon of Bush on the “throne” and beside him was a roll of toilet paper with The Constitution printed on each piece …
It would be interesting to see Hugh’s list with each item showing which part of the Constitution or law each one violates. Sort of an annotated Hugh’s list.
Ed*ard Teller @ 46
Ooh, I’d buy that for sure.
Petrocelli @ 47
that’s really not good enough, you and I understand that but most people don’t
every single time I have a conversation with a republican or a concervative, when I tell them what can happen without habeas protection they convert to the progressive point of view on that issue
it really is about personalizng the problem, framing the discussion
retirin’ in five @ 1
zedliness is next to blogliness
perris @ 55
Agree wholeheartedly. Dem’s really miss the boat on this one, and the GOP is very good at it – you have to make an EMOTIONAL appeal. Reason is simply less effective.
Ish @ 54
Maybe we can get a Democratic congressional candidate to deliver a copy to Nancy Pelosi….?
perris @ 55
Point noted … how about describing what happens in secret trials in Russia or many tinpot dictatorships across the Globe, then say that is what happens without Habeas Corpus.
In Canada, we have Maher Arar’s example and many of us do not even fly through U.S. airports if at all possible.
Here’s a nice little expansion on the Rummy snowflake story:
http://rawstory.com/news/2007/….._1101.html
on w/ thom hartmann
Christy Hardin Smith @ 61
Not fair that Christy Harvey before you…. got me confused …. wonder if my short term memory not working right since surgery…
Christy Hardin Smith @ 61
linkerage to live stream
http://www.airamericaradio.com/listen
I am concerned about habeas corpus. And we are equally worried about Miranda. it is our view that Miranda is the other side of the liberty coin. If the Rebublicans get in the WH again, it just could be bye, bye Miranda.
More Irony … Chinese government says foreign leaders are being deceived by Dalai Lama …
I wonder how many of His Holiness’s followers own factories that poison children with lead paint and toxic pollution. China has registered a large jump in autism among kids due to environmental pollution … and they’re ridiculing The Dalai Lama ?!!
Christy on Thom Hartmann’s program.
Punmeister !
oregondave @ 66
You can also stream through itunes. in the left hand column, click on ‘radio’, then ‘talk/spoken word’ then double click on air america.
perris @ 63
thanks perris!
Merry Christmas from Chrysler.
AP – Chrysler LLC said Thursday it plans to cut up to 12,000 jobs, or up to 15 percent of its workforce, as part of an effort to slash costs and match slowing demand for some vehicles.
Christy!!!! That was great!!
ET, how can we adapt THIS to your purposes?
Job well done, Christy! :-)
katymine @ 31
And it’s expressly listed under both Article I & II that one can’t suspend it except when the country is invaded or under insurrection…it made sure that both the Congress and the President did not have the power to do so!
And the Supreme Court during Lincoln’s tenure overturned his suspensions pointing out that lawful and orderly Courts were sill available for dealing with habeas corpus challenges. The area of insurrection was limited. THEY interpreted the ability to suspend habeus corpus to refer to the lack of functioning courts during a civil insurrection or invasion.
CHS:
Constitution, rule of law, Mukasey, SCHIP.
The idea that Republicans claim Democrats are trying to politicize the DoJ issue “one of the most laughable things” she’s heard all week.
Great work, Christy, you covered a lot of important material in a very short time. Radio is a tough medium and you do extremely well on it.
Christy says: “speech at the Heritage Foundation I forced myself to listen to…”
LOL!
LS @ 36
Habeas Corpus can only be suspended during an invasion or civil insurrection. These have not happened. An oveseas war gives Bush no authority under the Constitution to suspend habeas corpus of anyone.
LS @60
It also explains why Rummy kept suggesting all detainees were caputerd on the battlefield, when we now know people were being hoovered up from all over the World. The World is the battlefield to Rummy.
cinnamonape @ 77
I was just referring to “everything” they have done using extraordinary powers due to war as the excuse. Actually, W considers the Homeland a battleground in the so-called war on terra, because the terrrrrists can be anywhere and everywhere, so I’m sure he’d argue that we have indeed been “invaded”…JMHO
Oklahoma kiddo @ 70
That must be what they meant by … “The New Chrysler: Toyota but with soul !”
egregious @ 75
Hear, hear!
Legalize Torture?
http://freewayblogger.blogspot…..llery.html
Have a Nice Uday!
We alrady have taxation without representation. If the rule of law breaks down (Blackwater, Gonzales, Mukasey, Alito, Roberts, Scalia, Thomas, etc.) we will have chaos and anarchy. I for one disapprove of this possibility.
ET’s printing efforts deserve a scroll for presentation, imo. Perhaps a couple of modified paper-towel rolls would work. Oh, oh, how about portions of broom-sticks?
TexBetsy @ 72
LOL! – off to teach class, pups.
Dow -232
Imagine this: You are arrested for a crime you did not commit. You ask for a lawyer. The arresting authority retorts ‘don’t make us laugh’. Just confess and we will go easy on you.
LS @ 86
60% of stocks are owned by one%.
AP reports – Ted Kennedy will NOT vote for Mukasey … one more down…
scarlet p. @ 82
Thanks. I just re-posted.
I couldn’t hold back for Late Nite … Durex wants public to test their condoms …
“”What better way to make sure that our condoms are meeting the needs of Canadians than to ask Canadians first-hand?” …
“Durex wants condom users to not only have safe sex, but to also have fun,” says Stephen Mare, Brand Manager, Durex consumer products.
I’ll bet Dollars to Donuts that Stephen has never heard the term “Russian Roulette” !
Isn’t it great to know that we have a neverending stream of (in)competent managers at Durex, Chrysler, GM and the White House. /s
Oklahoma kiddo @ 87
OKK — this happens already. There is nothing in the law that says that police can’t do the “good cop/bad cop” on someone they arrest, get a statement and THEN read them their rights. There is nothing in the law that says in what order police have to do that.
Petrocelli @ 80
This makes the economy seem not so good. Where’s the Republic chorus demanding tax cuts?
Toby Wollin @ 91
Really???? I’d like to see THAT on one of the evening cop shows.
Petrocelli @ 91 … sorry mod, what did I miss ?
Morning all :)
Completely OT, but at least I’m consistent ;)
LOL.
This is something my dad would have done. There’s lots of love and humor in that family…
http://www2.kucinich.us/node/934
Oklahoma kiddo @ 87
even that is too benign, substitute like so;
“imagine your bussiness competitor wants you to cloe down, he pays off an official, tells the official he “heard” you are a terrorist, the official arrests you and your bussines is closed down”
“imagine they can’t even find a crime to charge you with, no problem, you will be arrested anyway, they will then figure out something that sounds like it could be suspicious,, make a new law AFTER the person was arrested and charge them with a crime that never existed until they wanted to find a reason to keep you in jail”
jackie @ 95
Thanks for the laugh!
Aha!!! Remember all that “stuff” Karl was leaving with when he left for TX??? Well, apparently, he has “notes” that he’s using to write a book with…maybe that’s what he took with him that day????…:
http://www.dailykos.com/story/2007/11/1/131233/426
twolf1 @ 68
Thanks twolf! I can’t get aa to stream through their site, but was able to get it through itunes. Much appreciated. :)
From what I’ve read today, Sen. Diane Warprofiteer from California is the only thing that can stop a denial of Mukassey for AG.
Anyway we can get a pre-emptive movement to get her on the correct side of the law on this one? Shes almost as bad as Lieberman, imo. Maybe we can get her to do the right thing this time?
completely OT –
in the last few weeks c-span has been undergoing a MAJOR upgrade to their archives.
for example – take a look at today’s page for the house floor – it’s being updated in almost real time, with all kinds of bells and whistles. makes finding, watching and linking to a specific clip easy as pie.
check it out (unless you are on dial up) – you will be glad you did. isn’t it awsome?! better even that when i last looked (just a few days ago)
p.s. i’m making some youtubes of senate floor statements (pow wow’s suggestions from yesterday – too much candy to hand out for me to do it last night *g*). if you-all see anything good that no one else has made a clip of, please let me know and i’ll make a youtube of that too.
LS @ 99
Things like this are only suspicious when a non Republic does them.
mark @ 101
I e- mailed Whitehouse and begged him to have a chat with DiFi … perhaps if more people asked him, he might do so …
Any Democrat that votes to confirm Mukasey will have supported torture along with the Repubs. They already know it is happening, and if they don’t make sure the new AG understands what it is and understands that it is illegal, they are helping the Administration to continue to break the law.
As long as we’re going OT:
Marine recruiters busted in exam fraud: Stand-ins took test required of 15 marginal enlistees
By DANE SCHILLER, Houston Chronicle
Nine Marine Corps recruiters who worked in the Houston area were punished for using fraudulent stand-ins to take military-entrance exams for prospective recruits who might not otherwise measure up, the military confirmed Wednesday.
Eight of the recruiters were reassigned and given non-judicial punishment, which could include fines and reduction in rank. Another, considered the worst offender, was discharged from the service.
“I don’t know why this happened here. Obviously, we do not tolerate it,” said Capt. John Niemann, a spokesman for the recruiting district that includes Houston. “We learned of it. We investigated it and took appropriate disciplinary action.”
Niemann said privacy regulations prohibit him from releasing the names of the recruiters, what punishments they were given or when.
“The bottom line is that it is all cleaned up,” he said.
Word of the scandal comes as recruiters are under continued pressure to find people willing to join the military in a time of war.
Although officials are unsure how widespread the practice was or where the recruiters learned of the technique, the fraud was traced to 15 incidents.
Recruits who had the test taken on their behalf faced a range of repercussions, from being kicked out of the service, to being given a chance to take the exam, to in at least one instance, being able to continue on the job. Officials declined to say who the test takers were.
TexBetsy @ 93
Yep. Trust me on this one. We know of a situation where this happened because the individual involved is very young, fairly unsophisticated, was yanked by the police out of his dorm room and humiliated in front of his friends, cuffed, thrown into a police cruiser and taken downtown for questioning. He was not offered his rights until he’d practically confessed to everything including the kidnapping and murder of the Lindburgh baby. Totally disgusting, but legal. All the evidence that the prosecutor has in this case is…the statement that the young man made to police under what anyone would consider duress.
TexBetsy @ 106
We are sooooo…down the rabbit hole.
Badwater @ 103
Sandy Berger did it Sandy Berger did it Sandy Berger did it
My nephew is military. Fine, upstanding young man. Excellent mechanic, but has always had trouble with written tests. Smart. Had trouble learning to read. Probably dyslexic, but never diagnosed. And he passed all the tests to get in.
dakine01 @ 109
Let’s see…he’s no longer working at the WH…his documents were subpoened, and he contemptuously flipped the bird at Congress…yet, he can write a book using his notes, which he admits to being in possession of…so, who has declassified them or released them from executive privilege status?
Thanks TexBetsy… Y’know, painting giant signs against torture and sticking them by freeways is not only a lot of fun, but also gives an indication that at least somebody cares about it, even if all they can do is put up signs.
what this country needs is more overhead projecters and people who aren’t afraid to use them.
Jeralyn’s post is upstairs but she’s off to a meeting.
News for MN Firepups:
Coleman announces his support for Giuliani.
This turncoat weasel of a Senator has to go in ‘08!
scarlet p. @ 112
Thank you so much for doing it. Texteen, age 13, wants to make and hang some here as well.
Biodun @ 114
The good thing is that Giuliani is apparently being investigated for the Motorola contracts for the firefighter’s radios prior to 9/11…
ten steps to fascism on the nation
from here
http://www.guardian.co.uk/prin…..78,00.html
really frightening, have a read
dakine01 @ 109
Sandy Burger plead guilty to a misdemeanor, and acknowledged intentionally removing and destroying copies of a classified document about the Clinton administration’s record on terrorism.
A document…not exactly what Rover took with him.
Badwater @ 118
My bold. You are correct. I imagine KKKarl took original source documents with him to Texas, classified or no, and I also imagine either congress or the next president can send folks to retrieve them in order to protect the documents from destruction. IANAL, but imagine the US Archives can make a strong case that those are not personal property.
Also OT, but relevant to any congresscritter-contact that folks might be contemplating on any subject:
I assume the tactic OH’s Sen. Voinovich is now going to use re: e-mail could very well be adopted by others. So just be aware. Mass-mail-missives are now headed straight to the trash in his office, if I read him correctly. Better to write yer own. I always do write my own, so I’m not sure why I received this from him (reprinted below). I’m assuming that e-mail petitions might fall in the same “presumed spam” category. Another, stronger lining to their self-imposed bubble protecting them from the great unwashed public rifraff like yours truly, sigh.
Below is e-mail I rec’d today from Voin. (you’ll note, this missive claims to be sent in response to something I sent to his office, but didn’t even bother to address the subject matter I asked him about.)
Hopefully the esteemed nonsensical senitorrible bubbleboy will be looking for other employment come Jan. ‘08. In the meantime, feel free to use his instructions above to contact him. I’m sure he’d love hearing from you. *g*
All […] and bold emphasis are mine – A
*hangs head in shame – NOT!*
Adie,
I think you prol’ly mean Jan 2009
dakine01 @ 121
you’re right. i don’t expect wide stance there.
sigh.
TexBetsy @ 115
I may be late for the train here, but Democrats.com just sent me this:
I am pleased to see Sen. Whitehouse leading the charge on this. But if Mukasey is blocked, will Bush nominate anyone better? I thought that Sen. Schumer had assured us that Mukasey was the “independent” type. Apparently, however, Cheney and Addington have brow-beaten him into submission, and Mukasey is powerless against him. Cheese louise, we get rid of Libby, and get Addington in his place. Are we worse off than before?
Only impeachment can stop this juggernaut, unless we can make it to January 2009 without a coup taking place.
Bob in HI