NYT editorial: What happened to the Democrats' pledge to restore habeas corpus?

[DeepModem Mom]

Editorial
The Democrats’ Pledge
Published: May 9, 2007

Last year, Congressional Democrats allowed the Bush administration to ram through one of the worst laws in the nation’s history — the Military Commissions Act of 2006. This year, the Democrats pledged to use their new majority to begin repairing the profound damage the law has done to the nation’s justice system and global image.

But there are disturbing signs their pledge may fall victim to the same tactical political calculations and Bush administration propagandizing that allowed this scandalous law to pass in the first place.

Rewriting the act should start with one simple step: restoring to prisoners of the war on terror the fundamental right to challenge their detention in a real court. So far, promised measures to restore habeas corpus have yet to see the light of day, and they may remain buried unless Democratic leaders make them a priority and members of both parties vote on principle, not out of fear of attack ads.

President Bush turned habeas corpus into a partisan issue by declaring that the prisoners in Guantánamo Bay, even innocent ones, do not deserve a hearing. Lawmakers who objected were painted as friends of terrorists.

But let’s be clear. There is nothing “conservative” or “tough on terrorism” in selectively stripping people of their rights. Suspending habeas corpus is an extreme notion on the radical fringes of democratic philosophy. As four retired military chief prosecutors — from the Navy, the Marines and the Army — pointed out to Congress, holding prisoners without access to courts merely feeds Al Qaeda’s propaganda machine, increases the risk to the American military and sets a precedent by which other governments could justify detaining American civilians without charges or appeal....

***

The Democratic majority has a long list of wrongs to right from six years of Mr. Bush’s leadership. We are sympathetic to their concerns about finding a way to revive habeas corpus that won’t die in committee or be subject to a presidential veto of a larger bill. But lawmakers sometimes have to stand on principle and trust the voters to understand.

This is one of those times.

http://www.nytimes.com/2007/05/09/opinion/09wed1.html?_r=1&hp&oref=slogin

[Patsy Stone]

1. I was just wondering about this today.

What wonderful timing you have, DMM. Thanks!

[DeepModem Mom]

3. Thank you, Patsy! nt

[FourScore]

2. This should have been taken care of in those first 100 hours.

K&R

[Bluebear]

5. You're damn right. nt

[SteveM]

16. You're right. Now, they want to prevent gun sales to "suspicious" types.

Read about it in the Gungeon, but to summarize, AG Gonzalez wants to further curtail constitutional rights by banning gun sales to anyone on his "suspect" list. No way to find out how you get on. No way to find out how you get off. No clear due process if you complain. He got Sen. Lautenburg (D-NJ) to carry his slop bucket. Now, even the Second Amendment Foundation is calling for Gonzalez to resign. The Dems have not only refused to go against the GOPer (cowing down as usual), but are extending their regime.

And to think: Sen. Kennedy complained about being on a no-fly list.

[Warren DeMontague]

4. "Whah you wanna give the turrr'rusts SPECIAL RIGHTS?" nt

[nam78_two]

7. They are like "the gay"

Always wanting speshul rights and all...

[Warren DeMontague]

9. Damn Democrats!

They wanna give special gay terrorists special gay rights!

[nam78_two]

6. K&R.nt

[babylonsister]

8. SO important! Thank you! nt

[Rageneau]

10. Where was the NY(w)T when the Repukes were taking all our rights away?

The Times has plenty of space and ink for lies from Just Miller and witch hunts from Jeff Gerth, where was the coverage of the Patriot Act? The Florida Recount? The Swift Boat campaign?

The New York Times and institutions like it are more culpable for our rotting Constitution than even the fundamentalists are.

Ah, but now that Democrats have a teeny bit of power, The NY(w)T all of a sudden want someone to stand up and say somehing.

[DeepModem Mom]

11. I'd have to do some research on the Editorial Page response to those issues and stories --

but it operates separately from the news pages.

[krkaufman]

22. Kudos, Rageneau, for bringing some reason to the issue.

And I agree in regards to the relative responsibility of the Times and all our media. The Right Wing is doing what they've always done; however, they've only succeeded due to the feckless and often complicit news media. The media are the ones who have abrogated their responsibility.

[annabanana]

12. Please NOTE! (from Crooks & Liars for My DD)

http://www.crooksandliars.com/2007/05/08/habeas-restoration-move-quick/

I'm told there's an outside shot that House Democrats on the Armed Services Committee will put a restoration of habeas corpus into the Defense Department Authorization Bill being marked up tomorrow and Thursday. Apparently Chairman Skelton has the votes but there are concerns about whether to have this fight now.

Now's the time to let them know that this is something that we elected them to get done. There's a bit of fear that this vote could put freshmen members at risk, though I don't really know why as the data on this isn't compelling and the attack ads just didn't work in 2006.

The most important members to contact are Ike Skelton, antiwar freshmen, and members of the Armed Services Committee. Pelosi and Hoyer would be good too. Each link below goes to that member's email form, and their phone numbers are to the right. I've only included Democratic members of the committee since the decision on whether to make a vote will be made within the party - the full list of Armed Service members is here:
http://www.house.gov/hasc/list_of_members.shtml

Call and ask them to restore habeas corpus and put it in the Defense Department Authorization bill. This is an especially important message to deliver to freshmen members who have the moral credibility of having been in elected in 2006 in the teeth of Republican fear-mongering.

Contact information and numbers below the fold


Leadership
Speaker Nancy Pelosi, [phone]
Majority Leader Steny Hoyer, [phone]

Armed Services Committee Democrats
Ike Skelton, Missouri, Chairman, 202-225-2876
John Spratt, South Carolina, 202-225-5501
Solomon P. Ortiz, Texas, [phone]
Gene Taylor, Mississippi, 202 225-5772
Neil Abercrombie, Hawaii, [phone]
Marty Meehan, Massachusetts, [phone]
Silvestre Reyes, Texas, [phone]
Vic Snyder, Arkansas, 202-225-2506
Adam Smith, Washington, [phone]
Loretta Sanchez, California, 202-225-5859
Mike McIntyre, North Carolina, [phone]
Ellen O. Tauscher, California, [phone]
Robert A. Brady, Pennsylvania, [phone]
Robert Andrews, New Jersey, 202-225-6501
Susan A. Davis, California, [phone]
Rick Larsen, Washington, [phone]
Jim Cooper, Tennessee, 202-225-4311
Jim Marshall, Georgia, 202-225-4311
Madeleine Z. Bordallo, Guam, [phone]
Mark Udall, Colorado, [phone]
Dan Boren, Oklahoma, [phone]
Brad Ellsworth, Indiana, [phone]
Nancy Boyda, Kansas, [phone]
Patrick Murphy, Pennsylvania, [phone]
Hank Johnson, Georgia, [phone]
Carol Shea-Porter, New Hampshire,[phone]
Joe Courtney, Connecticut, [phone]
David Loebsack, Iowa, 202.225.6576
Kirsten Gillibrand, New York, [phone]
Joe Sestak, Pennsylvania, [phone]
Gabrielle Giffords, Arizona, [phone]
Elijah Cummings, Maryland, [phone]
Kendrick Meek, Florida, 202-225-4506
Kathy Castor, Florida, [phone]

[Swamp Rat]

13. k&r

[DeepModem Mom]

15. Thank you, annabanana! nt

[bigtree]

23. as if the NYT was leading on this, or had a clue about what our party is doing

of course our majority is on this

[madrchsod]

24. we have to wait? wait on our constitutional rights to be restored?

oh well.....

[blondie58]

14. But Bush and his cabal

might need to use it against us- the American citizens who voice objections over this war.

We might all be put in Camp 4 or one of the other prisons that they have built- and if we can't be charged with anything, we could be held indefinitely- or at least until the next (stolen) election. I to know that the ACLU is working hard on this matter.

[reprehensor]

17. Indeed.

Wha' hoppen?

[enough]

18. k&r

[jsamuel]

19. Iraq

Everything is on the back burner because of Iraq.

[bonito]

20. The ACLU has been actively pursuing it

Check out this link for info.http://www.findhabeas.com/

[krkaufman]

21. The Dems have 6 years of BushCo to roll back ...

... plus 6 add'l years of Congressional work to get done, and they haven't gotten it all done in the 4 months that they've been in control of Congress. Shame on them.

Granted, pressure needs to be kept on the Dems, but some rationality needs to be observed when doing so.

[Time for change]

25. This is very upsetting

If they can't attempt to change a law like the Military Commissions Act, why even bother serving in Congress?

[Jackpine Radical]

26. Maybe the Dems know that the NYT will excoriate them if they do so,

claiming that they're undermining the Administration's anti-terror program. I'm sure Judith Miller would be happy to write a news story quoting the Brownshirts about how the Dems are sabotaging their work to protect us.

[hughee99]

27. I'm sure it's still on the list...

Perhaps in the fall of 2008 it will be addressed.