In 2004 I was critical of liberals who declared their intention to leave the country if Bush was re-elected. However, recent developments have made me see it in a different light—there is something to be said for living in a country where habeas corpus rights are still respected. Note that Canada is not quite far enough away.
Senator Russ Feingold:
One of the most disturbing provisions of this bill eliminates the right of habeas corpus for those detained as enemy combatants. I support an amendment by Senator Specter to strike that provision from the bill. I ask unanimous consent that my separate statement on that amendment be put in the record at the appropriate point.
Habeas corpus is a fundamental recognition that in America, the government does not have the power to detain people indefinitely and arbitrarily. And that in America, the courts must have the power to review the legality of executive detention decisions.
Habeas corpus is a longstanding vital part of our American tradition, and is enshrined in the U.S. Constitution.
As a group of retired judges wrote to Congress, habeas corpus “safeguards the most hallowed judicial role in our constitutional democracy – ensuring that no man is imprisoned unlawfully.”
Mr. President, this bill would fundamentally alter that historical equation. Faced with an executive branch that has detained hundreds of people without trial for years now, it would eliminate the right of habeas corpus.
However, Specter’s amendment failed 48-51. If “enemy combatants” don’t have habeas corpus then nobody does, because there’s no way for you to contest your classification as an “enemy combatant”. Welcome to 21st century America, where we do not have the legal protections enjoyed by 14th century English peasants.
Meanwhile, the torture bill passed the House 253-168. The lists of the 168 Representatives and the 253 America-hating supporters of tyranny can be found here.
UPDATE: Senate bill passes 65-34, which is a wider margin than I expected and underscores the lack of Democratic spine on this issue. The roll call is here.