Senate Rejects Detainees' Rights

The Senate took a giant step backwards today when it approved Bush's bill that would allow for the detainment of individuals accused of terrorism without the right to challenge it in Federal court.

The Senate today narrowly rejected a measure that would have allowed suspected terrorists to challenge their detention in federal court, as the body moved closer to passing a White House-backed bill to authorize special military tribunals for detainees held at Guantanamo Bay and elsewhere.

In a key vote on an amendment sponsored by Sen. Arlen Specter (R-Pa.) and Sen. Patrick Leahy (D-Vt.), the Senate voted 51 to 48 against deleting from the bill a provision that rules out habeas corpus petitions for foreigners held in the war on terrorism. The writ of habeas corpus, which is enshrined in the U.S. Constitution, allows people to challenge in court the legality of their detention, essentially meaning that they cannot be held indefinitely without charge or trial.
The constitution forbids suspension of habeus corpus except "in cases of rebellion or invasion the public safety may require it." Bush is damned well going to make sure that if this is challenged before the Supreme Court (which it undoubtedly will be) that he makes as compelling an argument as possible that individuals detained because of suspected terrorism are invading public safety. And the current Supreme Court makeup might just go along with it.

Rights are hard earned and easily lost, and "suspected terrorist" covers a lot of ground. Today is not a good day.

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