As usual, Glenn is right:

The right to be free of arbitrary executive imprisonment is — and, since the founding of America, always has been — a defining and distinguishing attribute of our country (notwithstanding shameful instances in our past where that right has been denied). All citizens — including, actually especially, those sent to represent the people in Congress — have an obligation to protect that right from government officials who seek to abolish it.

Having disgracefully abdicated that responsibility back in September because they wanted to win the midterm elections, Democrats — now that they have won — can cleanse their historic sin only by committing themselves, not symbolically but in actuality, to the restoration of habeas corpus. Whether they are willing to do so will speak volumes about their true character and about whether their November victory will result in anything other than some televised hearings. If Democrats are too afraid even to take a stand against the Bush administration in defense of this centuries-old core American liberty, it is impossible to imagine any even minimally risky stands they are willing to take.

Bingo. If the Dems don’t restore habeas, that would mean that they have no plans to restore Constitutional government.

I don’t want a kindler, gentler application of Fuhrerprinzip, or “better leadership,” I want the Constitution back.

The House Armed Services committee may consider this matter today and tomorrow. Here are the numbers to call:  Read more 

Are you shitting me?

Je repete: “[GONZALES:] The Constitution does not say that every citizen has the right to habeas corpus.”

Quote transcribed, live from the hearings before the Senate Judiciary Committee, which you should be listening to, if you aren’t (when it resumes at 2:00PM)  Read more 

You remember it, that quaint document that once protected you from being thrown in jail forever on the whim of your King. Well, say goodbye to freedom. I hate waking up to news like this, and of course they chose the Pickler to laud His Majesty with prose that turns my stomach:

The signing ceremony offered Bush the chance to bask in a legislative victory. About 150 people were invited to the White House for the event, including military officers, members of Congress and members of Bush’s cabinet.

“President Bush is going to mark this bill signing as a historic moment because it is a law that he knows will be effective in preventing terrorist attacks and keeping Americans safe,” said White House spokeswoman Dana Perino.  Read more 

WaPo stenographer R[epublican]. Jeffrey Smith on the McCain Torture and Republican Incumbent Protection Act:

On the detainee bill, Frist had make clear his desire to ensure that no amendment passed, spokeswoman Amy Call said. She said “we were worried about both” of Specter’s amendments.

The more extreme version would have deleted the bill’s suspension of habeas corpus rights. The less extreme alternative, which Specter co-sponsored with Sens. Patrick J. Leahy (D-Vt.) and Gordon Smith (R.-N.H.), would have allowed detainees to file a single habeas corpus petition after a year of detention.

Unbelievable?  Read more 

“Military Commissions Act of 2006”. 3, page 61 (in the vulgate, the McCain Pro-Torture and Republican Incumbent Protection Act):

“(b) PROVISIONS OF CHAPTER SOLE BASIS FOR REVIEW OF MILITARY COMMISSION PROCEDURES AND ACTIONS.—Except as otherwise provided in this chapter, and notwithstanding any other law (including section 2241 of title 28, United States Code, or any other habeas corpus provision), no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of enactment of this chapter, relating to the prosecution, trial, or judgment of a military commission convened under this section, including challenges to the lawfulness of the procedures of military commissions under this chapter.

And, naturally, Der Decider decides, arbitrarily, who gets “tried” under the arbitary authority of these military tribunals, and who gets tried by the Constitutionally governed court system:  Read more