What You Should Know About Habeas Corpus

What is Habeas Corpus?
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.

Why Did Congress Pass the Military Commissions Act?
In June 2006, the Supreme Court found in Hamdan v. Rumsfeld that military commissions at Guantanamo created by President Bush were invalid. The court said that the rules violated Common Article 3 of the Geneva Conventions regarding the treatment of detainees being held indefinitely.

After the decision, President Bush asked Congress to pass legislation that would make the military commission trials legal and strip detainees of their due process habeas rights — which they did by passing the Military Commissions Act right before November 2006 elections.

How Does the Military Commissions Act Take Away Habeas Rights?
Section 6 of Military Commissions Act strips any non-citizen, declared an "enemy combatant" by any president, of the right to be heard in court to establish his or her innocence, regardless of how long he or she is held without charge. This habeas-stripping provision applies to the detainees held in U.S. custody at Guantanamo Bay and elsewhere. It violates the Constitution and basic American values.

Is it Constitutional to Strip a Person of Their Habeas Rights?
No, Section 6 of the Military Commissions Act is unconstitutional and will eventually be struck down by the U.S. Supreme Court. Several cases challenging the law are already working their way through the courts.

So the lefties want to give their allies, the terrorists that have sworn to kill all infidels, meaning all non-muslim Americans, the same legal protections as a common criminal arrested in the U.S.??????????
Just stop for a moment and ponder where your vitriolic hatred for one man has driven you!!!!!!!!!

Bob:
I guess Eisenhower and MacArthur should have followed habeas corpus and read Miranda rights to the Nazis at Dachau and the Japs at Iwo Jima.

Your philosophy is a prescription for cultural suicide.

The Miranda rights were not in effect during WW2.

Of course, you knew that.

quote:

Originally posted by SS427IMP:
Bob:
I guess Eisenhower and MacArthur should have followed habeas corpus and read Miranda rights to the Nazis at Dachau and the Japs at Iwo Jima.

Your philosophy is a prescription for cultural suicide.

So by your analogy, we are no better than they and what you spew has nothing to do with my opinion.

Why are you spinning miranda rights?
Are you that fawking ignorant?
lmao

Won't even reply to Whopper, he's in a mental recession.

Let me ask you this......

Do you want to see Gitmo stay open?????
Do you support torture?
Do you believe innoncent before proven guilty or guilty before proven innoncent?
Do you believe in humane treatment for all prisoners in time of war?
Was it justified to use torture methods on Americans including McCain??

Why don't you clowns attack the message instead of the messenger????

,,,,Obama wants Gitmo closed along with McCain an Colin Powell.

Is the Geneva Convention still in effect? I don't know how it reads now, only how it read in the past.

Geneva Convention wasn't designed with these Islamic Fanatics/Terrorists in mind. They are not operating under the control of a government. Individuals who ignore the Geneva convention in the name of jihad or other extremism don't get the protection this affords.

quote:

Originally posted by Trans Lady:
Individuals who ignore the Geneva convention in the name of jihad or other extremism don't get the protection this affords.

Is this an opinion and does it go against the Constitution?


....Section 6 of Military Commissions Act strips any non-citizen, declared an "enemy combatant" by any president, of the right to be heard in court to establish his or her innocence, regardless of how long he or she is held without charge. This habeas-stripping provision applies to the detainees held in U.S. custody at Guantanamo Bay and elsewhere. It violates the Constitution and basic American values.

The Geneva convention applies only to armed service members of a reconized government captured on the field of battle IN UNIFORM!!!!!!!!!!!!!!!!!
Interesting that all of a sudden the secret covert actions the President has been chastised for five years for are going to become AOK under the messiah according to the msmm!!!!!!!!
HYPOCRITES!!!!!!!!!!!!!!!!!!

quote:

Originally posted by Bob H:

quote:

Originally posted by SS427IMP:
Bob:
I guess Eisenhower and MacArthur should have followed habeas corpus and read Miranda rights to the Nazis at Dachau and the Japs at Iwo Jima.

Your philosophy is a prescription for cultural suicide.

So by your analogy, we are no better than they and what you spew has nothing to do with my opinion.

Why are you spinning miranda rights?
Are you that fawking ignorant?
lmao

Won't even reply to Whopper, he's in a mental recession.

Let me ask you this......

Do you want to see Gitmo stay open?????
Do you support torture?
Do you believe innoncent before proven guilty or guilty before proven innoncent?
Do you believe in humane treatment for all prisoners in time of war?
Was it justified to use torture methods on Americans including McCain??

Why don't you clowns attack the message instead of the messenger????

,,,,Obama wants Gitmo closed along with McCain an Colin Powell.

I challenged (not attacked) the message and the messenger because they are both dangerous and spread lies.

Bob, it's difficult to use reason, logic and FACTS with you when you rely exclusively on EMOTION. Like trying to teach physics to a three year old. Keep trying for that elusive G.E.D.- I have confidence you'll achieve mental and emotional maturity eventually.

quote:

Originally posted by Bob H:

quote:

Originally posted by Trans Lady:
Individuals who ignore the Geneva convention in the name of jihad or other extremism don't get the protection this affords.

Is this an opinion and does it go against the Constitution?

Please educate us as to when non-citizens of the United States became covered by the Constitution.

It seems to me the Preamble still reads, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

I don't see any mention of "enemy combatants" in there.

And unless it has been changed, the Geneva Convention expressly excludes "enemy combatants" from its coverage.

The IHRAClown now goes by Bob H but he still the same old Dumb a z z. Whats Twinkie going to change his name to.

Zell/Granny 2012

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Of all the things I've lost,
I miss my mind the most
Grandpa Bob
Professional Fence Hanger / Spectator
Former Crew Chief
Grandma's Rocking Chair

Looks like the "change" is going to be ushered in by the crooked hacks from the 90's administration and some retreads that couldn't hold onto their congressional seats?
How many of the dupes will have the integrity to confess having been lied to from the git-go???????
With this bunch how long before we have a bogus suicide in Ft. Marcy Park or some left-wing ****er rifling through FBI files in the Whitehouse basement!!!!!!!!!!

I believe in civility. This fighting amongst parties has got to stop.

I have accepted that Barack Obama will be our next President. He won fair and square with no room for doubt.

I resolve to:

To support him.

To at least give him a pass for the first 100 days.

And as someone whose guy lost this election I will treat him, starting from day one, with the same respect the losers in 2000 and 2004 treated my guy starting on day one.

"That's mighty WHITE of you!!!!!!!!!"

Zell/Granny 2012

Send Your Thanks To the U.S.Military

Post a Message to our Soldiers

Of all the things I've lost,
I miss my mind the most
Grandpa Bob
Professional Fence Hanger / Spectator
Former Crew Chief
Grandma's Rocking Chair

0boy now says he is going to create 2,500,000 jobs by the end of 2010. From the discription of the jobs it sounds like he is going to re-create the WPA of the 1930's, NOW that would really be some change!!!!!!!!!
I wish he was going into office tomorrow, I can't wait until all of the factions he promised diametrically opposing things to start demanding their pound of flesh!!!!!!!!!

quote:

,,,,Obama wants Gitmo closed along with McCain an Colin Powell

That's probably gonna happen. I work for a Sheriff's Department and we just happen to have a federal prison located in our county. The prison was emptied out last year (max. security) and has been used to house "low risk" offenders (med. sec.) in the main building and camp since then and is not nearly full. Got a feeling this might not be a good experince...sure hope myself or anybody who works there don't get caught up in some B/S with a terroist group trying to get their partners out. I myself wish they would keep them all Gitmo and off AMERICAN soil! I also think if OUR country dosen't send a strong message to ALL terriost groups that WE will not tolerate ANY sh** were in for more trouble. God bless America and OUR new President.