There is a lot of debate in the public space this week over the impact of the United States Supreme Court's ruling that gives detainees in a "holding pattern" at Guantanamo Bay access to the United States Courts for the purpose of presenting petitions of habeas corpus.
It is a generally accepted misunderstanding that the Court's ruling gave new rights to the detainees, which seems to be the issue that is the most controversial.
The purpose of today's discussion is to explain why that view of the ruling is dead wrong...and to offer some thoughts on why this ruling might actually be one of the most important "restraint of government" rulings to have come down the pike in some time.
Talk about saying one thing and doing another...yet again we have Ellen Tauscher to kick around. Really, I'm having a hard time writing this without using the term "totally full of shit" (whoops, there it is).
Earlier today, dday asked people to call Ellen Tauscher and ask if she would support adding Habeas Corpus to the Defense Department authorization bill. Her untrustworthy staff said she supported Habeas Corpus and would be a co-sponsor of Ike Skelton's bill.
Which is great, except for the fact that Skelton's bill will NOT include a restoration of Habeaus Corpus. Sure, Tauscher could introduce an amendment in the Armed Services Committee, but that would involve her actually being good for something (don't hold your breath). Literally, if she can't even stand up for a principle that has been the foundation of law since 1215 A.D. then she really is totally worthless -- at best. What a waste of a safe Democratic seat.
Although it is probably a total waste of time, call Tauscher's unproven staff at 202-225-1880 and ask if she will prove she isn't entirely worthless by introducing a Habeas Corpus amendment in committee to the bill she is co-sponsoring.
Ellen Tauscher sits on the House Armed Services Committee. Today they may attempt to put a rider in the defense authorization bill that would restore the great writ of habeas corpus, which allows detainees to petition the courts to understand why they are being held. This time-honored tradition of civilization, dating back to 1215 and the Magna Carta, was shamefully stripped out by the Military Commissions Act of 2006.
Matt Stoller is urging everyone to contact members of the panel to ask them to support the restoration of habeas corpus. If you have a free moment today, call Ellen Tauscher at 202-225-1880 and ask her to defend the Constitution by making it whole again. We cannot be credibly considered any kind of moral leader in the world if we detain people indefinitely without telling them why they are charged.
The full list of members of Congress to call is here. But I would pay particular attention to Congresswoman Tauscher, who claims to be in line with the concerns of her district, who claims to be a progressive. The progressive position is not to torture and not to store people away in secret prisons without end.
UPDATE: Tauscher "vows to support habeas corpus" and "will be an original co-sponsor of Skelton's bill, which is expected to be introduced next week." This is good news.
Yesterday the Calitics staff sat down with Sen. Christopher Dodd, Senate Banking Committee chair and candidate for President in 2008, for about a 30-minute interview. Dodd impressed me as someone who thinks clearly about issues and the implications of them, who carefully ponders all of his decisions, and who always strives to do the right thing. In other words, a Democrat.
He's also embraced new media, hiring Tim Tagaris, who should be familiar to the netroots as having worked on Ned Lamont's campaign (here's a bio). Dodd talked about the new media era and how it can impact a campaign like his that is looking to get their views out in the face of the media-hyped monster that his Hillack Clintobama.
The full interview (not transcribed, but paraphrased) on the flip:
The United States Senate is about to debate a Republican-sponsored bill which would retroactively legalize torture, legalize secret trials, and eliminate eight hundred years of the right of habeas corpus.
California's Democratic Senators have not yet declared their opposition to this bill. Call them and tell them you oppose it. Here's roughly what I said to the nice folks who answered the phones and took my comments:
I am a Democrat and a constituent of the Senator's and I want to know how she plans to vote on the legalization of torture and elimination of habeas corpus.
[The senator is reviewing the bill and has not taken a position. Can I take your comment?]
Yes. This is the defining issue for me as an American and for my support of the Senator. If she does not oppose the legalization of torture and elimination of habeas corpus with every tool she has, she will never see one dime from me, she will never again receive a vote from me, and I will do everything in my power to see that she has a primary challenge the next time she runs.
I know this is not California politics, but we are Americans, not just Californians. Numbers below the fold.