show me the body
Some of you may be surprised to discover that I'm not entirely sure how I feel about the recent Supreme Court decision in Boumediene v. Bush that states that the detainees at Guantanamo Bay have habeas corpus rights.
My first inclination is that this is a terrible decision. See this WSJ Op-Ed piece for reasons why. Basically, granting habeas ( Read more... )
My first inclination is that this is a terrible decision. See this WSJ Op-Ed piece for reasons why. Basically, granting habeas ( Read more... )
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I don't have any issue with the principles behind the ruling. I also have no issue behind the idea of military tribunals taking the lead and not our Article III courts. (We've done this before and no less a screaming liberal than Bill Douglas signed off on it -- good enough for him, then good enough for me.) However, the procedures used by those military tribunals must be subject to non-military review. Period.
I think underlying the big squawk on both sides, but mostly on the Administration side (sorry, Casp) is a fundamental misunderstanding about what a habeas proceeding is. It is, despite what the Rush Limbuaghs of the world would lead you to believe, not a new trial or a new decision on the guilt or innocence of a particular prisoner. In 99% of cases, it is simply a review of the facts that lead to the prisoner's detention. The reviewing judge (and memory fails me and I have no time to look it up, perhaps as the most recent of us in ( ... )
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