Wednesday, September 27, 2006

Yet More Legal Analysis

I can't stop reading about the proposed detainee legislation and particularly the reaction by constitutional lawyers and law professors who have reviewed it. (Though the natives are growing restless in the comments over at Volokh Conspiracy, where the various contributors have all appeared to carefully step back and avoid this whole discussion...a curious reaction indeed.)

In addition to Jack Balkin's excellent post that I quoted below, Marty Lederman at Balkinization has dissected the legislation as well and outlined a huge fundamental problem: that the legislation basically allows for the stripping of all sorts of rights from anyone claimed to be an enemy combatant, with the government having the sole power to decide who is and is not an enemy combatant. And if one of the rights stripped is habeas corpus, and you stand so accused by the government, then how could you possibly gain legal access to prove you're NOT an enemy combatant and can't be held indefinitely?
Hilzoy at Obsidian Wings has also waded deeply into the question of whether the legislation actually suspends habeas corpus for U.S. citizens deemed to be enemy combatants, and appears to dislike the complete lack of clarity found within the legislation.

Meanwhile I've been emailing Senators. I sent a lengthy plea to my former Senator John Kerry, which I may or may not post later. Time is running out for someone to take charge on stopping this bill, and if you are as pissed off as I am I urge you to join the groundswell begging the Democrats to make a stand before it's too late.

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