Article Image
IPFS News Link • Habeas Corpus

Obama wins the right to detain people with no habeas review

• waronyou
Few issues highlight Barack Obama’s extreme hypocrisy the way that Bagram does. As everyone knows, one of George Bush’s most extreme policies was abducting people from all over the world — far away from any battlefield — and then detaining them at Guantanamo with no legal rights of any kind, not even the most minimal right to a habeas review in a federal court. Back in the day, this was called “Bush’s legal black hole.” In 2006, Congress codified that policy by enacting the Military Commissions Act, but in 2008, the Supreme Court, in Boumediene v. Bush, ruled that provision unconstitutional, holding that the Constitution grants habeas corpus rights even to foreign nationals held at Guantanamo. Since then, detainees have won 35 out of 48 habeas hearings brought pursuant to Boumediene, on the ground that there was insufficient evidence to justify their detention.

1 Comments in Response to

Comment by Ross Wolf
Entered on:

Never-charged U.S. Citizens Could Be Held Indefinitely, Like Foreign Prisoners If S.3081 Is Passed.

If Sen. McCain’s bill S.3081 is passed, The “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010”, U.S. Citizens can be held indefinitely in U.S. Military Custody in America similar to “detained enemy combatants” held by U.S. Government in foreign countries. S.3081 destroys Habeas Corpus in America..

Sen. McCain’s bill S.3081, introduced March 4, 2010, will eliminate several Constitutional protections allowing Government to arbitrarily pick up Americans on mere suspicion—with no probable cause. Your political opinions and statements made against U.S. Government can be used by Authorities to deem you a “hostile” “Enemy Belligerent” to cause your arrest and indefinite detention. S.3081 is so broadly written innocent anti-war and Tea Party Groups could be arrested and infinitely detained just for attending a protest; if Government alleges a protest purposely or "materially supported hostilities" against U.S. Government; its coalition partners; or civilians. S.3081 if passed, could be used by a corrupt U.S. Government to crush lawful dissenters, silence anyone who would dared question Government.

Under S.3081, an “individual” need only be “suspected” by U.S. Government of “suspicious activity” or “supporting hostilities” to be dragged off and held indefinitely in Military Custody. Government will have the power to detain and interrogate any individual without probable cause. Government need only allege an individual kept in detention, is an Unprivileged Enemy Belligerent suspected of; having engaged in hostilities against the United States or its coalition partners; or has purposefully and materially supported hostilities against the United States; its coalition partners; or U.S. civilians. How could one prove to Government they did not purposely do something? “Materially Supporting Hostilities” against the United States could include any person or group that spoke out, demonstrated or wrote against against an agency of U.S. Government. The Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission.)

At least under the Patriot Act, law enforcement generally needs probable cause to detain a person indefinitely. Passage of S.3081 will allow government to use “mere suspicion” to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial. According to S.3081 Government is not required to provide detained individuals U.S. Miranda Warnings or even an attorney.

S.3081 if passed will frighten Americans from speaking out.