Bill to restore habeas corpus fails

[Andrew Green]

http://www.senate.gov/legislative/L...ote_cfm.cfm?congress=110&session=1&vote=00340

The Bill to "To restore habeas corpus for those detained by the United States." has been blocked.

56-43-1

Just short of the 60 needed to pass.

 

[Sukerkin]

Hopefully there will be a "next time" to restore this vital piece of your legislature.

 

[Big Don]

Except, well, habeas corpus was never rescinded.

The writ can be “suspended” only if the persons in question are constitutionally entitled to habeas corpus in the first place. This would mean that Congress could not rescind their ability to challenge their detention in federal court, except in cases of rebellion or invasion. Alien enemy combatants, however, are not vested with rights under the Constitution.

http://article.nationalreview.com/?q=ZGVmMTBlMjBhY2UyZjBmYWNmMjU4OTA1YmQxY2FhZjM=
Two presidents suspended Habeas Corpus; Abraham Lincoln, and FDR. FDR's suspension is notable because he had 110,000 Japanese Americans rounded up and locked up.

 

[Rich Parsons]

True, but while looking to go to Mexico from San Deigo before September 2001, I was still told not to go across the line if I did not have a birth certificate with me. They did not or would not accept my Driver's License.

When I travel internal to the US or even to Canada, when clearing customs or security the number of people who look at me and the USA passport and ask for additional ID. It happens so often, I carry a birth certifacte with me, and provide Passport, BC and DL all at once. Some wonder why I do this upfront. I explain that in general most ask for it.

So while it was not really taken away, one has to be able to get to a court room to fight it.

On a side note my CPL got me through the US customs into NY and MI easier than any other document. The customs person stated that with it, I have been cleared already of certain legal background. aka not been arrested in a while or convicted of a felony and such.

So, I would prefer even that they would have to always prove their case, which would allow me to come home. Sorry personal issue here.

 

[Big Don]

Cpl?

 

[bydand]

Cpl?

Concealed pistol license

 

[Rich Parsons]

Concealed pistol license

Thanks

CCW is the crime in our state of carrying a firearm or other weapon that is concealed.

 

[bydand]

Thanks

CCW is the crime in our state of carrying a firearm or other weapon that is concealed.

I was going to say certified public lunatic, but figured I should be nice for once in my life. Plus when I move back home to Michigan I want to take some time and get over to meet some of the fine folks here on MT, you being one of them.

 

[Rich Parsons]

I was going to say certified public lunatic, but figured I should be nice for once in my life. Plus when I move back home to Michigan I want to take some time and get over to meet some of the fine folks here on MT, you being one of them.

Then you can be a Lunatic with me.

Besides I always refer to myself as a second generation Maniac. (* My dad grew up in Maine *)

Just let me know when and where you will be in the area, even if just a check out period. If we have time, we can get together and talk and chat.

 

[Big Don]

Concealed pistol license

Thanks

CCW is the crime in our state of carrying a firearm or other weapon that is concealed.

Thanks, I thought that was probably it, but, the P threw me for some reason...

 

[Big Don]

The United States Congress granted all federal courts jurisdiction under 28 U.S.C. § 2241 to issue writs of habeas corpus to release prisoners held by any government entity within the country from custody in the following circumstances:

* Is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
* Is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
* Is in custody in violation of the Constitution or laws or treaties of the United States; or
* Being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
* It is necessary to bring said persons into court to testify or for trial.

I'm just guessing, but, terrorists, once released from custody aren't likely to return for trial...
I found this somewhat interesting:

In 1996, following the Oklahoma City bombing, Congress passed (91-8-1 in the Senate, 293-133-7 in the House) and President Clinton signed into law the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA was to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes."

The AEDPA contained the first limitations on habeas corpus since the Civil War. For the first time, its Section 101 set a statute of limitations of one year following conviction for prisoners to seek the writ. It limits the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It absolutely barred second or successive petitions. Petitioners who had already filed a federal habeas petition were required to first secure authorization from the appropriate United States Court of Appeals.

Was Bush president in 96? What? Clinton was president in 96?! Holy Habeas Corpus!