Wednesday, October 18, 2006

habeas corpus ... what?

While moves by this administration may seem like American Freedoms are being stripped away from your American Hands.....Wait a minute, that's exactly what is happening!

WAKE UP!!!

W and Co. have stolen your Habeas Corpus. Habeas Schmabeus you say. FYI, habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. In other words, when you are accused of being terrorist for, say, blogging negatively about W, and are subsequently arrested and thrown in to a secret CIA prison, habeas corpus mandates that imprisoned blogger-X can request that a court determine if he/she should be locked up. Not any more. Habeau Corpus has left the building!! thanks to W, Cheney and Co.

3 comments:

Anonymous said...

Guess what, read history. Lincoln suspended HC during the Civil War too. Times change during war. Liberal fools do not read history so they forget.

CROW said...

Anonymous,

For the last few days I’ve considered your comment on Habeas Corpus (HB.) On the surface I have to say, if being liberal means wanting the ability for all suspects (and straight-up Joes) to challenge their imprisonment, then sign me up. Fare and just treatment for all, regardless of the situation is a good idea and one that has been demonstrated throughout American history.
The idea that suspension of HB is a good and justifiable idea is disturbing. How can a law which limits your rights and choice be good for you or America?
Finally, I’m certain that justifying HB’s suspension today by observing that Lincolns suspended it under the conditions of civil war, is simply absurd. By that standard, perhaps we should reinstitute other failed policies and ideas. Slaver? After all, George Washington had slaves. Perhaps we should green-light McCarthy’s historic ideas on un-American activity and black listing. After all, at the time we were fighting the commies.
Finally, if you had bothered to read the attached times article, http://seattletimes.nwsource.com/html/nationworld/2003309923_detainees18.html, you would have noted that the last paragraph said this, “The ability of suspects to challenge their imprisonment, known as the right of habeas corpus, dates to the Magna Carta in 1215 and is considered a bedrock legal principle.” It’s ironic that such a consumer and avid reader of history as you claim to be, would conveniently forget another part of our rich history and struggle to be a free society.

Crow

ex-Hollywood Liberal said...

Hello Crow...

Inter arma silent leges

Magna Carta §42: It shall be lawful in future for any one (excepting always those imprisoned or outlawed in accordance with the law of the kingdom, and natives of any country at war with us, and merchants, who shall be treated as is above provided) to leave our kingdom and to return, safe and secure by land and water, except for a short period in time of war, on grounds of public policy--reserving always the allegiance due to us.

Muslim extremists have no such allegiance to the United States. King John, US Law and, most importantly, common sense requires us to hold enemy combatants until the cessation of conflict. Because of the nature of our enemy and their unlikely change of heart, it's unlikely that King John would let our enemies go to fight another day.