Obama wins the right to detain people with no habeas review

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.

Obama wins the right to detain people with no habeas review

I believe this has gone way too far. This is not about the security of the United States, but about power.

No President or King should have the legal right to abduct people whom they suspect of a crime and then give that person no say in court to defend himself.

Isn't that what democratic justice is supposed to be.. Innocent until proven guilty?

This makes a sham of the American way of living.

Sure detain suspects during war time, and I know war criminals do not have the same rights as Free Americans, but this is a Human Rights issue.

Once they have detained the suspect, they can harm no one any longer. Zealous cops and military men do make mistakes and follow bad orders that are given all the time. Innocent people do get detained.

Every individual should have the right to have his say in court pending a fair trial.

There were Kings of the past that operated this way with the approval of their government advisers.

History calls them Barbarians.

[edit on 23-5-2010 by JohnPhoenix]

Well, it certainly isnt a surprise.

Both parties are pursuing a corporate agenda. Neither of the two parties we get to choose between actually act in the best interests of the American people or our Constitution.

We need to get corporate money out of our electoral system, and we need to reverse the case law that is granting corporations the rights human citizens of the US enjoy.

If we dont, we will lose our democracy, and if there is an "America" left at all, she will exist in name only.

reply to post by DarkStormCrow


If you are able to put a citizen of your own country on a kill list without a trial .

What makes you think you need to give them a trial when you detain them indefinitely? That would be a little illogical wouldn't you think?

From my thread-Hoist the COLORS!

Excerpt from the Pirates of the Caribbean Movie-At World's End

In order to effect a timely halt to deteriorating conditions, and to ensure the common good, a state of emergency is declared for these territories, by decree of Lord Cutler Beckett, duly appointed representative of His Majesty the King.

By decree, according to martial law, the following statutes are temporarily amended:

Right to assembly, suspended.
Right to habeus corpus, suspended.
Right to legal counsel, suspended.
Right to verdict by a jury of peers, suspended.
All persons convicted of piracy, or aiding a person convicted of piracy, or associating with a person convicted of piracy, shall be sentenced to hang by the neck until dead.

Oh....oh, the King wears no clothes!


The seas be ours
and by the powers
where we will we'll roam.

Yo, ho, all hands.
Hoist the colors high.
Heave, ho, thieves and beggars,
never shall we die.

Yo, Ho.
Haul, together.
Hoist the colors high.
Heave, ho, thieves and beggars,
never shall we die

Some have died
and some are alive
others sail on the sea
– with the keys to the cage...
and the Devil to pay
we lay to Fiddler's Green!

Yo, ho, haul together.
Hoist the colours high.
Heave ho, thieves and beggars,
never shall we die.

The bell has been raised
from its watery grave...
Hear its sepulchral tone.
A call to all,
pay heed the squall
and turn your sail to home!

Yo, ho, haul together.
Hoist the colors high.
Heave ho, thieves and beggars,
never shall we die.

Habeas corpus protects the system from its own potential shortcomings.

It is like double entry bookkeeping or double checking the math.

A hearing means a judge hears & reviews whatever evidence is being used as a reason to detain someone.

That way if there are any mistakes, like a holding the wrong guy for a misspelled name etc. it will likely get caught then instead of going down the road of wrong justice & even officials trying to make stuff up to rationalize their mistakes or false beliefs.

Over the long run it is this kind of shortcutting of procedure & legitimacy that will likely be the downfall of this government.