Restoration of habeas corpus will not be in the Defense authorization bill. House Armed Services chair Ike Skelton (D-MO) supports restoration, but was concerned that including habeas as a rider would risk passage of the authorization bill.
Bay Area site Political Blotter reports that Skelton and Ellen Tauscher (D-CA) will be introducing a stand-alone habeas bill next week. Neither are known as left-of-the-left Dems. Blotter also has a nice Habeas 101 paragraph:
Habeas corpus, for the Latin-challenged, essentially is the right to be brought to the court for a determination of whether one is imprisoned lawfully, and whether or not one should be released. It dates back to the 12th Century, preceding its 1215 codification in the Magna Carta’s section 39; our Constitution’s Article I, Section 9, says it “shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.” Yet under last year’s new law, those deemed “unlawful enemy combatants” no longer have this right.
Matt Stoller at MyDD lists Dems who voted for the original Military Commissions Act that abolished habeas corpus and will need persuading; note Leonard Boswell's name.
Meanwhile, testifying before the Judiciary Committee, Alberto Gonzales offers his Deep Thoughts:
Rep. Brad Sherman (D-CA) asked Attorney General Alberto Gonzales whether any U.S. citizens are “being held today, for over a month, who have been denied habeas corpus or access to an attorney.” Instead of giving an answer, Gonzales replied, “[Y]ou’re asking me a question I hadn’t really thought about.”
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