Friday, June 08, 2007

Habeas Corpus...In June??

In 6/2007 a bill finally makes its way out of the Senate Judicary to restore Habeas Corpus. In June? Since the end of the 2006 Congress all that had to happen to make YOU disappear was for the President to say you were an enemy combatant, that's it. Think on that a little, nothing required but GeorgeII's assertion and you're gone. Gone into the maw of the federal government unseen until it decides you can be, if ever. No evidence required, no hearings, just gone into the tender mercies of a government that insists it can use "extraordinary" interrogation methods. Sounds like some "B" thiller movie plot.

Now in June the Senate Judiciary Committee has decided 11-8 that you can challenge your detention. Did you catch the vote? 11-8. That means there are 8 members of the Senate Judiciary that figure what's good enough for some S American despotism is good enough for us. This is not some done deal.

If this vote split is reflective of the Senate as a whole, the fraction doesn't pass veto over-ride muster. Somehow Republicans are the party of despotism in this vote. There are two essential themes at work, one is have we scared you enough to live in under tyranny and one that says this is still America. The spin against your liberty is that these people are tough on terror and the other side are wimps. Somehow running around squealing oh no the terrorists are going to get us is considered tough. I could laugh my butt off, whiney little pissants.

If you've paid attention, some real seriously conservative powers are real ticked off by this BushCo power grab. What you have to understand that of the Bill of Rights the only one unaffected by this piece of garbage is the 2nd Amendment. I listened to a "Constitutional" talking head include it and I thought my jaw fell off. One reason this snatch of Habeas Corpus is so dangerous is that it puts anyone in opposition politics in the position of armed resistance to any "law" enforcement officer. And that includes purportedly minor offences, once in anybody's custody the feds trump. How stupid is that?

Consider - the Constitution is first law of the United States, all law in the US flows from the Constitution and if the Constitution is in abeyance what law is not? Has anyone brought up this consequence of Congress' un-Constitutional action? While I am not a lawyer, I'm not sure that once you step outside of the law that you can claim it, whether individually or governmental. Looked at from another perspective, once the government steps outside of the law, it is an outlaw organization forfeiting all claims to legal protection of civil cooperation. HMMM

Don't start up anything based on my musings, you sure aren't going to be able to use me as legal cover, but it is an interesting exercise. If there's a Constitutional Law expert out there that'd like to chime in - have at it.

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