In the end, freedom will prevail

Today, the Senate Judiciary Committee passed a bill to restore habeas corpus, the sacrosanct constitutional right to challenge government detention in court, by a vote of eleven to eight.

In 2006 the Military Commissions Act revoked Habeas corpus, party leaders agreed that this device was unconstitutional and “un-American.”

Habeas corpus was revoked by last year’s Military Commissions Act, which has been assailed as unconstitutional and un-American by leaders across the political spectrum. Today’s habeas bill was backed by the Judiciary Committee’s Democratic Chairman, Patrick Leahy, and its Republican Ranking Member, Arlen Specter.

“The drive to restore this fundamental right has come from both sides of the aisle” - Sharon Bradford

Bradford is an attorney at the bipartisan Constitution Project. She also said:

“Restoring America’s commitment to the rule of law is not a partisan cause; it is a patriotic one,” she added.

From Think Progress

Alberto Gonzales says

“There is no express grant of habeas in the Constitution.”

When Gonzales testified before the Senate Judiciary Committee in January, he claimed that there is “no express grant of habeas in the Constitution.” Today, Sherman asked Gonzales, “Wouldn’t it be your duty as Attorney General to make sure that their [U.S. citizens’] rights to habeas corpus were honored?” After some hedging, Gonzales finally agreed: “Yes.”

Here is an event you may have missed from a May Senate Judiciary hearing questioning Alberto Gonzales on topic.

Senate Judiciary Transcript:

SHERMAN: The administration has put forward various theories under which anyone, even American citizens, could be arrested without being charged with a crime. One of these is the theory that you could be classified as an enemy combatant. Are there any American citizens being held today, for over a month, who have been denied habeas corpus or access to an attorney?

GONZALES: I don’t believe so, Congressman.

SHERMAN: Wouldn’t it be your duty as Attorney General to make sure that their rights to habeas corpus were honored?

GONZALES: Well, you know, there’s a lot of people in this government and sometimes people do things that they shouldn’t be –

And I’m not suggesting that’s occurring here. But you’re asking me a question I hadn’t really thought about.

SHERMAN: Is there any agency answerable to the Department of Justice –

GONZALES: We’re all answerable to — put the Constitution into our laws, yes.

SHERMAN: Now, are there any U.S. citizens being held now by foreign governments or foreign organizations, without access to attorneys, as a result of rendition, where agents of the administration have taken people into custody and then given them up to foreign officials?

GONZALES: I don’t — Congressman, I don’t know if I have the question to that question either. It’s something I would have to look at.

SHERMAN: Wouldn’t you, as the chief officer responsible for protecting our civil rights, want to know?

GONZALES: Yes. And I’m not suggesting that that is occurring — It’s just — quite frankly, I hadn’t thought about this.

SHERMAN: Would you respond for the record?

GONZALES: I’d be happy. If I can respond to the question, I will.

SHERMAN: Let me move on to another question. You now have focused more on these –

GONZALES: I don’t want the press to run out and say, “Oh my gosh, U.S. citizens are being held by the government secretly, other governments.” I don’t think that’s the case. I just want the American public to understand that.

SHERMAN: I look forward to a definitive answer for the record. Let’s move on.

One step back for King George Bush, two steps forward for democracy

Fred Soto is an Attorney and Entrepreneur from the Silicon Valley.
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