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Send a Free Fax to your Congresspersons and local media RESTORE HAB   Message List  
Reply | Forward Message #68 of 172 |
RESTORE HABEAS CORPUS. NO MATTER WHAT THEY SAY, WHAT MATTERS IS WHAT
WE SAY!

http://www.millionphonemarch.com/habeas.htm

With virtually no advance notice the Republican majority in the
Senate approved a last minute amendment to the Defense Authorization
Act to deny U.S. courts jurisdiction to examine the legality of
detainee detention in Guantanamo and elsewhere.

They did this in defiance of the not yet completely packed Supreme
Court (another reason to reject Alito), whose authority they would
annul.

This is all despite the well-known FACT that many scooped up into
these hell holes of torture are not terrorists at all, some even
having been sold for bounty. Senator Bingaman immediately responded
with a proposed corrective amendment (S.AMDT.2517) to restore
jurisdiction. Is our government telling us that there is no possible
way any of those people can be convicted of a crime, by even an
American jury, if they were to have a fair trial? We also know that
our own military attorneys were fired for protesting because the
tribunals already established were such miscarriages of justice.

Tell your Senators to SUPPORT Bingaman Amendment 2517!

You can call your members of Congress right now on one of these toll-
free numbers, 888-818-6641 or 888-355-3588. There are operators on
duty 24 hours a day. Just ask to be connected to your senators and
they'll put you through. If you don't know who they all are, or want
all their direct phone and fax numbers, just submit the simple form
on the right, to get all their numbers right down to their district
offices, right here on this page:

If there is nobody in detention who can be convicted of anything
without special kangaroo courts, then the real terrorists have indeed
won, for we will then have abdicated all moral authority. Please
contact your senators at once to tell them to support the Bingaman
amendment. Won't you click a mouse one time to send your personal
message now?

If you want to make sure your message gets through, the one click
form below will send your personal message to both your senators, on
the subject, "Support Bingaman Amendment 2517 (habeas corpus for
detainees)." At the same time you can send your personal comments
only as a letter to the editor of your nearest local daily newspaper
if you like.

SUBMIT THIS ACTION FORM TO CONTACT ALL YOUR CONGRESSPEOPLE & YOUR
LOCAL PAPER AT ONCE:

http://www.millionphonemarch.com/habeas.htm
~~~~
Once again we have to look across the pond for news in our own
government.
====
FireDogLake:

The Importance of Habeas: A Personal Plea

On Saturday, I attempted to explain the importance of habeas corpus
to the foundations of our legal system and our founding philosophy of
government.

But compared to this editorial in today's WaPo, I failed completely.
This editorial is a must read, and I mean that...

It is written by an attorney lifting the heavy load of pro bono legal
representation of a man currently held in Guantanimo -- and already
declared to be innocent of all potential charges -- is as clear a
statement of why habeas protections must be upheld as you will find
anywhere. And why we all need to raise our voices as loudly as
possible to our representatives about this issue.

Adel is innocent. I don't mean he claims to be. I mean the military
says so. It held a secret tribunal and ruled that he is not al Qaeda,
not Taliban, not a terrorist. The whole thing was a mistake: The
Pentagon paid $5,000 to a bounty hunter, and it got taken.

The military people reached this conclusion, and they wrote it down
on a memo, and then they classified the memo and Adel went from the
hearing room back to his prison cell. He is a prisoner today, eight
months later. And these facts would still be a secret but for one
thing: habeas corpus.

Only habeas corpus got Adel a chance to tell a federal judge what had
happened. Only habeas corpus revealed that it wasn't just Adel who
was innocent -- it was Abu Bakker and Ahmet and Ayoub and Zakerjain
and Sadiq -- all Guantanamo "terrorists" whom the military has found
innocent.

Every single Senator who voted for Lindsey Graham's hideous
abomination of habeas restraint ought to be forced to go down to
Guantanimo and explain to this innocent man why he is being held --
still -- by a government that publicly mouths the word freedom and
wags its finger at the rest of the world, all the while stomping on
the Constitution and all of the men and women who fought so hard to
enact it. For shame.

In a wiser past, we tried Nazi war criminals in the sunlight. Summing
up for the prosecution at Nuremberg, Robert Jackson said that "the
future will never have to ask, with misgiving: 'What could the Nazis
have said in their favor?' History will know that whatever could be
said, they were allowed to say. . . . The extraordinary fairness of
these hearings is an attribute of our strength."

The world has never doubted the judgment at Nuremberg. But no one
will trust the work of these secret tribunals.

Mistakes are made: There will always be Adels. That's where courts
come in. They are slow, but they are not beholden to the defense
secretary, and in the end they get it right. They know the good guys
from the bad guys. Take away the courts and everyone's a bad guy.
Stand up and be counted. For Adel. For my child.

For every other child in America. For every person who holds human
rights to be important, and not just a hollow phrase we throw out to
nations we want to publicly shame. Stand up and demand that our deeds
match the words we claim to honor in our Constitution.

Stand up for the right of law to triumph over the whims of King
George.TalkLeft has more. They have been on top of this issue from
day one, and have some great information on the habeas issue.

UPDATE: Grab your blood pressure meds before reading further. The
Graham Amendment was passed...after only one hour of debate. One hour
was all the Senate could spare to talk about suspending habeas corpus
for people in our custody, for backhanding the Constitution and
ignoring our international treaty obligations and the long line of
history sustaining the rule of law. One f*cking hour.

ThinkProgress has the story, major hat tip to them for putting this
up. (And a personal note, I rarely swear on these pages, but I am
furious, so I apologize to the non-swearing among us.)

UPDATE #2: Sen. Bingaman is speaking on behalf of his amendment to
repeal the Graham abomination on the Senate floor right now on C-
Span2. If you haven't called your Senators, please do so.

Now.

Bingaman Disappointed by Senate's Rejection of Plan to Study Use of
Torture on Prisoners

Contact:
Jude McCartin
Maria Najera
703 Hart Building
United States Senate
Washington, DC 20510
(202) 224-5521

WASHINGTON – The U.S. Senate today rejected a proposal to create an
independent commission to investigate policies and practices related
to alleged abuse of detainees. U.S. Senator Jeff Bingaman voted
to create the commission, which would have had to report to Congress
on its findings and make recommendations.

``The current practice of holding detainees or prisoners
indefinitely, without affording them basic due process rights, has
been widely criticized in this country and throughout the world. For
a country such as ours that has consistently advocated for the rule
of law, the policies of the current administration are nothing short
of a major embarrassment," said Bingaman, a cosponsor of the
amendment.

``How we handle prisoners can have a dramatic impact on how our own
men and women are treated in the event they are themselves taken
prisoner," he added.

Specifically, the commission would have been asked to study what
policies our nation should have with regard to detaining prisoners,
what rights detainees should have, and what laws apply.

Mr. Alito will continue the Bush Regime's effort to destroy our
Constitution. He must not be allowed to sit on the Supreme Court of
the United States of America.

Sen. Graham's latest violation of the Constitution and his oath and
the protections it is supposed to offer American citizens is vile
beyond words.

From The Guardian:

"Its effects are likely to be devastating: the permanent removal of
almost all legal rights from 'war on terror' detainees at Guantanamo
Bay and every other similar US facility on foreign or American
soil."

It is a Pastor Neimoller moment - First they came for them, then they
came for me.

What I can't understand is why it has not been picked up on until
now... and why was it virtually ignored until The Guardian published
their article?

I feel like I'm in Bizarro World. Every single thing about this just
blows my mind. They can't "reverse" the Supreme Court by passing a
law Only a Constitutional amendment can do that. At least, that was
always my understanding of the whole concept of judicial review?

This reverses a Supreme Court decision! As soon as I heard we were
building at Gitmo, I knew we were all in trouble. Seems as though
there are no lengths these people won't go to to have their way.

http://www.millionphonemarch.com/cgi-bin/action3.cgi

I am sickened by Sen. Graham's attempt to destroy the Constitution.
Nullify a Supreme Court opinion??

It is now OK to compare the Repukes to Hitler everything Hitler did
was legal too.

People seem to forget that tiny little important fact and the all
too deadly implications of such a fact.

Hitler and his government created the laws that made their actions
(what others would call crimes) legal in Germany.

This tears it. Any Supreme Court would immediately strike this down
as a prima facie violation of the 14th Amendment. The arrogance, the
malignancy, the SHAME. This is not my country.

5th Amendment does not specify "citizen"

http://www.blogger.com/comment.g?
blogID=15652968&postID=113194833144868398Oh, AST...

that insane, overwhelming, driving, ineluctable force to speak out,
to synaptically revolt, to twist and turn and mentally somesault, to
take the bastards with you as you gyrate and pyke and tuck, the
gymnasium hall spinning around you... I do hope you land on your feet
for a 9.9. I do hope they land on their collective arse for a nul
point!
Charlie

http://news.yahoo.com/s/afp/20051114/wl_mideast_afp/iraqunrights_05111
4074113

UN warns of human rights violations in Iraq Mon Nov 14, 2:45 AM ET
BAGHDAD (AFP) - The United Nations warned of human rights
violations by all sides in war-torn Iraq and expressed concern at the
increasing number of people held on terrorist-related charges.

The UN Assistance Mission in Iraq (UNAMI) also suggested that Iraqi
police and special forces have little regard for human rights during
security sweeps, while insurgents' bombing campaigns against
civilians and mosques could spark inter-communal clashes.

In its bi-monthly human rights report covering the period from
September 1 to October 31, UNAMI said that "large parts of Iraq
continue to experience a general breakdown of law and order", adding
that "hundreds of civilians have been killed and wounded as a result
of terrorist attacks, targeted assassinations and extra-judicial
execution-style killings."

"Massive security operations by the Iraqi police and special forces
continue to disregard instructions announced in August 2005 by the
minister of interior to safeguard individual guarantees during
searches and detaining operations," the report said.

"Repeated bombing campaigns by armed groups against civilians and
mosques are increasing fears that community relations are descending
into a pattern of fear, animosity and revenge."

And "ongoing military operations, especially in western and northern
parts of the country, continue to generate displacement and hardship
for thousands of families and to have a devastating effect on the
civilian population," the report said.

UNAMI said it was also concerned about the large number of detainees
held in the country.

"While progress in reviewing cases led to the release of hundreds,
the overall number of detainees continued to increase due to mass
arrests carried out during security and military operations," the
report said.

UNAMI gave no figures on the number of those detained, but officials
last month suggested some 18,000 people were being held in US- and
Iraqi-run jails.
===
Just talked to Larry Bensky of who has a radio show Sunday am that is
excellent. He said KPFA programming is quite anarchic and we
need to contact individual programmers.The morning show, the show at
12 noon. etc.... there is hope.

KPFA has a wide reach in the progressive community

To think that the Magna Carta of 1215 is too much for a majority of
the clowns in the Senate. Specifically 38. No bailiff for the future
shall, upon his own unsupported complaint, putany one to his "law,"
without credible witnesses brought for this purpose.

No freeman shall be taken or imprisoned or disseised or exiled or in
anyway destroyed, nor will we go upon him nor send upon him, except
by the lawfuljudgment of his peers or by the law of the land.

And 5 minutes ago I couldn't get the help at Sen. Clinton's office to
say what her position was on the Bingaman amendment. Good grief.

http://wyden.senate.gov/contact/
http://gsmith.senate.gov/public/index.cfm?FuseAction=Contact

thousands of people in towns all over the country and the world
should spontaneously go to the streets-tonight and shut the senate
and congress down tomorrow - a sit in on the steps of our federal
buildings.

mass arrests- how can we sit this one out- how. are we are the frogs
in the pot of water on the stove top waiting to be boiled to death?

The 4th Amendment also says we have a presumptive right to be "secure
in [our] persons, papers, houses and effects..." yet we have to
listen to these "conservative" morons tell us "there's no right to
privacy in the Constitution." If that phrase doesn't confer it, then
words have zero meaning.

Get on the phone and call up your localnewspaper. Talk to the editor
in chief. Tell them the importance of this issue. Demand them to run
more editorials and articles on Habeus Corpus. I just did this
for the Press Democrat in Sonoma County.

E.mail the democratic senators who votedfor this amendment. phone
their offices.

The moral voice of this nation must be heard or we have put a nail in
our coffins.

in my calls to democratic senators re the Bingaman amendment I
suggested that if they didn't vote for it they might as well switch
to the republican party.

I am not as optimistic as you. I feel heartbroken AND defeated....and
scared. What is happening to this country? This absolutely nauseates
me.

Have I mentioned I lived in Guantanamo Bay in 1969-70? It was the
most interesting place we ever lived, I was a young teen so I
remember it well.

I have a theory that the reason that Gitmo was known out in the open
from the beginning of these wars is because of the ridiculous policy
of this administration when it comes to Cuba. I feel it was their
plan to purposely leave an evil 'legacy' for Cuba, (shades of
Germany) they know it has been wrong all along.

I even wonder if they thought they could provoke Castro to protest
against having this prison on their soil, regardless that it is on
our military base there. I remember the infamous "East Gate" and the
patrolled bunkers on each side of the fence, we were warned we
couldn't go down there after nightfall or you risked being shot, by
us. Then there was all the mine fields all over the base...

The many secret torture prisons that have been discovered since threw
a kink in that plan I'd say. Still, it will linger throughout history
now, like Bush wants it to.

Excuse me while I go puke my guts out at this shameful turn of events
we feared. Maybe I should go look up a site I saw a link for once
called: "Has Anyone Seen My Constitutional Rights?"

Alas, nothing is as good as FDL!

LETTER ___

Detainees Deserve Court Trials

http://www.washingtonpost.com/ wp...5111301061.html

The writ of Habeas Corpus dates back to the Magna Carta. It is a
bastion of freedom. It states that the executive cannot imprison a
person without cause.

I am ashamed that today, after only one hour of debate, our United
States Senate voted to remove this right to freedom.

After World War II, the allies tried Nazi war criminals in open
court. There was no doubt to either defendants, or the world, that
those trials were conducted as openly and as fairly as possible.
Defendants were permitted to speak in open court and present evidence
in their defense. There was no doubt to anyone as to the justice of
the proceedings.

As of today, we have become like the Nazis... Our government has been
successful in selling lies and terrorism propaganda to the point
where we have lost our basic principals and our moral values. Only a
few patriots are standing up to say "Stop!!! This is Wrong!!! These
actions hurt America!!!"

This is a milestone. Combined with secret prisons and torture, the
loss of Habeas Corpus has turned America onto a dark and evil path.
We are no longer an open, free democracy. We are no longer the
shining light of freedom to the world.
****

http://fusioner.proboards60.com/ ...read=1131129004

Senator Bingaman is up and speaking right now on his amendment
nullifying the Non-Habeas-Corpus

Graham Amendment
11.14.05


Lets not get too scattered in the next week focusing on too many
issues thus diverting important time and energy. we know treason-
gate is working it way out. To me the focus this week is on the
Bingamon amendment, the torture legislation, Alito and getting
involved in grass root progressive politics. just some thoughts on
focus.

I think that the Magna Carta of 1215 is too much for a majority of
the clowns in the Senate. Specifically 38. No bailiff for the future
shall, upon his own unsupported complaint, putany one to his "law,"
without credible witnesses brought for this purpose.


Everyone concerend about this issue, please read this link below and
call your senators to urge support of the Bingaman Amednment.

Do it now.

http://www.dailykos.com/storyonl...11/13/154150/ 52







Tue Nov 15, 2005 2:06 am

lydiagorbik14
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RESTORE HABEAS CORPUS. NO MATTER WHAT THEY SAY, WHAT MATTERS IS WHAT WE SAY! http://www.millionphonemarch.com/habeas.htm With virtually no advance notice the...
lydiagorbik14
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Nov 15, 2005
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