Writ of habeas corpus.

[Epiphany4z]

I am right in understanding this. The Pres or someone acting as his agent..what ever you wanna call it...can decide an american citizen is an enemy combatant..or a harm to the country and they can be locked however long deemed fit with no chance to defend themselves?

I mean does this effects US citizens. Like say someone who leaks the gov is doing something illegal or the reporter that reports it.

In an era where republicans keep telling me I am a traitor who sides with the terrorist ...can this mean that somebody at the top can decide that is true and lock my private US citizen ass up the same way?

[babylonsister]

1. That's exactly what it means. nt

[Epiphany4z]

5. just making sure

I am putting together a LTTE and didn't want to get it wrong. I am so amazed at how little dust this is kicking up.

[whistle]

2. Why would this not apply, the President and his/her agents now

...have the right to suspend habeas corpus on anyone who they consider an enemy combatant and are not required to show cause before a judge or in court. FASCISM 101

[tridim]

3. You understand it perfectly

What's most amazing is that nobody else outside of DU (except Olbermann) even believes it's worth reporting.

[never_get_over_it]

15. You might want to go to KGO archives

and listen to Bernie Ward's show from last night if you think nobody else is reporting it - he was on fire in the first hour - fell asleep so I can't speak to the other two hours...yet...

http://www.kgoam810.com/home.asp

go to archives for 10:00, 11:00 PM and 12:00 AM only good for 24 hours....

[yy4me]

4. As I understand it, they can haul you away forever if they see fit,

denying you the right to a lawyer, to a trial, to even see the evidence they have (or have not) against you, to confront your accuser. And this is supposed to protect our freedoms? We just lost it.
What I want to know is: If the Dem's take the House and Senate, can they rescind this law and give us back the rights given to us by the constitution? I can't seem to find an answer to this!

[Epiphany4z]

7. Good question

can DEms rescind it and if so will they? it can be hard to give up power I often wonder if freepers really think there guy will always be the guy in charge

[Hosnon]

17. Regarding your question:

First: The statute cannot take away rights given us by the Constitution. (Art. VI).

Second: ANY future Congress can rescind this law...including a future Democratic one.

[SpiralHawk]

6. Hey, you sound like some kind of Enemy Combatant...

You know, you are either for BushCo or you are against BushCo.

Maybe we better have Homeland Security come around to check your thought patterns?

[Epiphany4z]

8. lmao

they will be lost for a good long time...its a mess in there

[babylonsister]

9. I recommend you go to the link in here and listen to Jonathan

Turley a constitutional law professor on Countdown last night. It will make your skin crawl.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2420699

[Epiphany4z]

12. I saw it on the late night

run I just had to be sure this am I heard correctly.

[lumberjack_jeff]

10. Theoretically, there's some doubt that it applies to citizens

As a practical matter, it certainly applies to us. Once disappeared, there's no mechanism, no opportunity, for you to prove anything, including your citizenship.

[Nikki Stone 1]

11. Watch for a return to the old "lettres de cachet" system of

pre-Revolution France.

[Richard D]

13. The signing.

[leftofthedial]

14. step 1. pretty much any repuke accuses you of "aiding the terrorists"

(that's already happening daily)

step 2. an administration sanctioned agent (pretty much any repuke) says that anyone who "aids the terrorists" has no right to be a citizen
(that's already happening today)

step 3. you are declared an "enemy combatant," taken into custody and disappeared.


Constitutional challenges are problematic for three reasons:
1. you have no access to counsel.
2. any lawyer making such a challenge would likely be said to be "aiding the terrorists"
3. the courts are dominated by repukes

All this is possible according to the language of the law. Welcome to the new Fascist State of Murka.

[Hosnon]

16. It doesn't appear that it applies to U.S. Citizens. That is what the plain

language of the statute suggests. There may be some fuzziness but, in my opinion, the denial of habeas corpus applies only to aliens.

[Epiphany4z]

18. how is this

Writ of habeas corpus.

"You have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully. Basically if you get tossed into prison you have a right to appear in court and ask why and be set free if there is real reason... or well you did have that right before Mr. Bush signed it away.

Under this bill, anyone even a U.S. citizens , depending on how the definition of enemy combatant interpreted, can be hauled in ,interrogated probably tortured and and imprisoned forever by the U.S. without ANY charges ever being brought against them.

For all you people who say "These are terrorists!""Who cares !" you say," terrorist shouldn't have rights!!" I submit that they are people who have been arrested. We do not know they are terrorists, they have not been tried and they can be American Citizens..read you or me.

Some say I am being silly, overeating. I want to believe that, but since Mr. Bush has been in office I have been called a traitor,I have had republicans directly and indirectly claim I am aiding and abetting the enemy because I don't agree with the war in Iraq and many of Mr. Bush's policies. Who is to say that somebody in power doesn't feel that way? That somebody in powers doesnt think I am a threat to my country? Could I be jailed? Could you? Did you ever write a letter to the editor, or protest? Give money to a cause?

If the Government was doing something clearing wrong, illegal do you want them held accountable? Do you think that will possible when the informant, reporter any one trying to bring this great wrong to light can be put in prison and never have a day in court

Democrat, Republican, Independent or anything in-between this should be a wake up call. This has to be stopped these things Mr. Bush seeks to take from us are our freedoms, freedoms paid for in American blood, sweat and tears.

I submit that anyone seeking to take these freedoms away is indeed a threat to the country

[jdlh8894]

20. Ever been in jail in Russell County, Alabama?

Phenix City. Just outside Columbus,GA.(Fort Benning) No phone ,no lawyer, no visitors until they decide to take you to court. 42 days in my case. And then another 30 after the charges were dropped! F'n REDNECKS!!!

[Epiphany4z]

21. I have been

Lucky so far ..no jail time. Although I may be pushing the envelope hanging out with this motley crew...hee hee.

[jdlh8894]

22. Nicely done (and said)

Still pushing the edges when I can.

[kestrel91316]

19. Yep. That's exactly what it means.