Habeas Corpus
The Torture Loophole Preserved
Two hundred, thirty-three years ago:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights…
We all know that the injustice of slavery clouded the reality of these brilliant words. However, years of progress, and certainly the election of Barack Obama, was to set aside such errors and enshrine equality amongst all people of earth. I believe that these “unalienable Rights” are such that no government nor individual can infringe upon these rights as they are natural to all people. These rights, in my mind, involve life, liberty and property. It is arguable whether rights such as that to a writ of habeas corpus or those granted under the Bill of Rights fall under such classification. That question has been one of significant debate in our federal courts over the last several years.
In the aftermath of September 11 and the invasions of Afghanistan and Iraq, the Bush administration notably expanded the interpretation of provisions which excluded such rights. In the Military Commissions Act of 2006, Congress passed legislation which prevented unlawful enemy combatants from submitting a writ of habeas corpus to the federal courts thus restricting such prisoners to legal recourse via a military tribunal. This was challenged in Boumediene v. Bush with the Supreme Court ultimately overturning the provision allowing for Guantanamo detainees to to challenge their detentions in federal court.
Podcast: Q & A With Bob Barr: Guantanamo Bay Detainees Heading To The United States?
In a special podcast, Jason and Brett interview Bob Barr to further explore his thoughts regarding the plan to possibly bring prisoners detained as part of the War on Terror to the United States for trial.
On Monday, former Congressman Barr, along with Grover Norquist and David Keene released a joint statement supporting the proposal. In the interview, Barr discusses federal prisons, habeas corpus, and indefinite detention of these prisoners.
You can download the podcast here (13 minutes/12 MB). The introduction music is “Easy Skankin’” by Bob Marley, one of the former Congressman’s favorite artists.
You can subscribe to the RSS of JUST our podcasts here, or you can find our podcasts on iTunes here.
A Response to Dick Cheney on Executing Suspected Terrorists Held at Guantanamo
I came across an article with a disturbing title, “Cheney: Execute Terrorists If Cuba Prison Must Close”, published by the conservative-leaning online publication Newsmax.
MIAC Report: Ron Paul Supporters Labeled Domestic Terrorists?
The general rule for me is if Alex Jones says it, don’t take it seriously. And that’s what I said on Thursday to several friends that e-mailed me a link to a story about how the Missouri Information Analysis Center (MIAC) basically correlates libertarians and more specifically supporters of Ron Paul, Bob Barr and Chuck Baldwin, with potentially being a domestic terrorist or member of a militia.
Is Ron Paul’s R”3VOL”ution Dead?
It seems that the wholesale libertarian message doesn’t resonate with the American people. Many liberal Democrats love civil liberties and liberal groups such as the ACLU have been powerful forces for advancing same-sex marriage rights, prisoner rights, free speech and religious freedom. Conservative Republicans don’t so much like the whole civil liberties thing, and, given their blatant corporate advocacy, are no longer legitimate advocates of economic freedom.
Gitmo Prosecutor Quits Due to Lack of Fairness in System
The Los Angeles Times ran a stunning piece in this Sunday’s paper detailing the resignation of Lt. Col. Darrel J. Vandeveld, the man who was prosecuting nearly 1/3rd of the pending trials for suspected terrorists in Guantanamo Bay. Vandeveld, a self described conformist, became disenchanted with “the system” set up in Cuba over issues relating to fairness and lack of due process for the very prisoners he was suppose to prosecute. He lays out accusations of intentional withholding of exculpatory evidence from defense attorneys by military officials, and even goes so far as to say he reached out to a defense attorney to ask “how do I get myself out of this office?”.
A Fair Trial For BART Killer?
More news in the continuing trial for Johannes Mehserle, a Bay Area Rapid Transit District officer who shot and killed a suspect:
OAKLAND, Calif.—The trial of a white former transit officer accused of fatally shooting an unarmed black man will be moved out of Alameda County, a judge ruled Friday.
Superior Court Judge Morris Jacobson said in his 28-page ruling the circumstances of the New Year’s Day slaying, the violent protests that erupted in Oakland afterwards, intense media scrutiny and fears of shielding jurors and witnesses from any possible civil unrest, justified granting a change of venue.
Former Bay Area Rapid Transit District officer, Johannes Mehserle, 27, has been charged with killing Oscar Grant, 22, who had been pulled off a train for allegedly fighting when he was shot on an Oakland station platform. Mehserle has pleaded not guilty.
“The nature of this crime has an implied racial aspect to it in that the defendant is Caucasian and the victim was African American,” Jacobson wrote.
“This case may well be a close one and difficult for some or all of the jurors to decide. Under these circumstances, there is a reasonable probability that (Mehserle) cannot get a fair trial,” he said.
I hope that Mehserle gets to experience a fair trial and the due process that Oscar Grant didn’t recieve. I’ve heard alot of apologists for Mehserle’s actions point to Grant’s extensive rap sheet and criminal history, as if that is a justification for shooting and killing an unarmed man in handcuffs.
Reflections on Memorial Day
I write this on May 24, the eve of Memorial Day, the day set aside to commemorate Americans who have died while in military service. This day was originally created (the first commemoration was May 30, 1868) to honor Union soldiers of the War Between the States, and was later expanded after World War I to include all those who have died in military service. Typically, commemorations can be expected to include much in the way of what is considered “patriotic” music (more accurately described as nationalistic), along with tributes themed along the lines of thanking those “who fight for our freedoms.” This spills over into Sunday services of many churches around the nation, when the emphasis temporarily focuses away from the praise of God and the proclamation of the Gospel, towards one of military service and national greatness.
Terrorists are Already Imprisoned in the US
There is a lot of rhetoric being bantered about by political partisans from all parties over what to do about detainees at our naval base at Guantanamo Bay, Cuba.
Republicans are outraged that President Barack Obama would dare think about allowing any of them to come to the United States. Let’s face it, right now, the fear is the only card Republicans have against Democrats, who have felt the heat andrejected funding to close the facilities at Gitmo.
Let me tell you something, there are already terrorists imprisoned in the United States who have committed or were planning to commit acts of terrorism, including several al-Qaeda members, both before and after 9/11.
The rhetoric from the right is dishonest and it plays on the short-term memory of the electorate who may not remember what happened to Ramzi Yousef or Richard Reid or any other terrorist responsible for killing or plotting to kill Americans.
Below are the names of more than 20 terrorists currently imprisoned at ADX Florence, a supermax prison in Colorado:
The Worst Thing We Could Do With Gitmo Detainees
No doubt President Obama will ignore this:
CARACAS, Venezuela (CNN) — Venezuelan President Hugo Chavez says he would be willing to accept prisoners from the Guantanamo Bay detention center, which U.S. President Barack Obama has said he will close, the Venezuelan government said Thursday.
Nevertheless it is worth noting what an awful idea this would be if it were to go through. A bunch of prisoners who were held indefinitely by the United States granted asylum in a raucusly anti-American state? That’s just a recipe for disaster.
Of course there are worse places they could end up, like Sudan, Iran or Saudi Arabia. The best place for them right now is a courtroom.

United Liberty








