Friday, October 20, 2006

Habeas Corpus Suspension Just Can't Wait

Moving quickly to implement the bill signed by President Bush this week that authorizes military trials of enemy combatants, the administration has formally notified the U.S. District Court here that it no longer has jurisdiction to consider hundreds of habeas corpus petitions filed by inmates at the Guantanamo Bay prison in Cuba.

In a notice dated Wednesday, the Justice Department listed 196 pending habeas cases, some of which cover groups of detainees. The new Military Commissions Act (MCA), it said, provides that "no court, justice, or judge" can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future....

1 comment:

roxtar said...

Well, I suppose someone who has been summarily denied consideration of a habeas petition would have standing to take this up on appeal, but I'd be a lot more impressed if a judge who understands the constitution went ahead and granted a writ anyway.

Then the government would have to take the appeal, and would have the burden of persuasion.

And said judge would have children named after him/her from coast to coast.