Sunday, April 12, 2009

Obama and habeas corpus -- then and now....

It was once the case under the Bush administration that the U.S. would abduct people from around the world, accuse them of being Terrorists, ship them to Guantanamo, and then keep them there for as long as we wanted without offering them any real due process to contest the accusations against them. That due-process-denying framework was legalized by the Military Commissions Act of 2006. Many Democrats -- including Barack Obama -- claimed they were vehemently opposed to this denial of due process for detainees, and on June 12, 2008, the U.S. Supreme Court, in the case of Boumediene v. Bush, ruled that the denial of habeas corpus rights to Guantanamo detainees was unconstitutional and that all Guantanamo detainees have the right to a full hearing in which they can contest the accusations against them...Link

On the campaign trail while defending his support of the "Patriot" Act, Obama said,

"...most of the problems that we have had in civil liberties were not done though the Patriot Act, they were done through executive order by George W. Bush. And that's why the first thing I will do when I am President is call in my Attorney General and have he or she [sic] review every executive order to determine which of those have undermined civil liberties, which are unconstitutional, and I will reverse them with the stroke of a pen... That is actually how the worst abuses have occurred. That's what happened with Guantanamo, that's what happened with the warrantless wiretaps, that's what's happened with the suspension of habeas corpus, that's what's happened in terms of the rounding up of Americans of Muslim extraction. Those weren't done through the Patriot Act, those were all done separately."

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