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From the 110th Congress

S. 185 Restore Habeas Corpus

Sen Specter, Arlen

TAGS: criminal justice, habeas corpus, war on terror

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Updated by jeweke

on Jan 31, 2007 12:39:55

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Summary

This bill backtracks on the removal of Habeas Corpus rights for detainees in U.S. custody included in the Military Commissions Act of 2006.

Background

Habeas Corpus is the right of a prisoner to protest imprisonment before a court of law. The Military Commissions Act (MCA) of 2006 allowed the president to hold people indefinitely without due process.

Political Context and Commentary

This exchange at a congressional hearing between Specter, Gonzales, and Leahy lays out the political landscape for this debate: Gonzales (for the Whitehouse) denies an affirmative right to Habeas Corpus is in the constitution, while Specter objects and Leahy gives a short speech on his intent to undo the changes in the MCA.

Additional Links

Flaherty, Anne "Bush detainee rules likely to be revisited: Democrats say terror suspects have some rights" Associated Press, December 29, 2006

American Bar Association Habeas Corpus legislative policy page

<h1>Summary</h1> This bill backtracks on the removal of  Habeas Corpus rights for detainees in U.S. custody included in the Military Commissions Act of 2006. 
<br />
<h1>Background</h1> Habeas Corpus is the right of a prisoner to protest imprisonment before a court of law.  The Military Commissions Act (MCA) of 2006 allowed the president to hold people indefinitely without due process.
<br />
<h1>Political Context and Commentary</h1> This exchange at a congressional hearing between Specter, Gonzales, and Leahy lays out the political landscape for this debate: Gonzales (for the Whitehouse) denies an affirmative right to Habeas Corpus is in the constitution, while Specter objects and Leahy gives a short speech on his intent to undo the changes in the MCA.
<br /> <object width="425" height="350"><param name="movie" value="http://www.youtube.com/v/qD5CEBQC-TY"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/qD5CEBQC-TY" type="application/x-shockwave-flash" wmode="transparent" width="425" height="350"></embed></object> 
<br />
<h1>Additional Links</h1> Flaherty, Anne <a href="http://www.boston.com/news/nation/washington/articles/2006/12/29/bush_detainee_rules_likely_to_be_revisited/">"Bush detainee rules likely to be revisited: Democrats say terror suspects have some rights"</a> Associated Press, December 29, 2006
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<br />American Bar Association <a href="http://www.abanet.org/poladv/priorities/habeas_corpus/">Habeas Corpus legislative policy page</a>

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