informazione dal medio oriente
    information from middle east
    المعلومات من الشرق الأوسط

[ home page] | [ tutte le notizie/all news ] | [ download banner] | [ ultimo aggiornamento/last update 28/08/2019 00:45 ] 17752

english italiano

  [ Subscribe our newsletter!   -   Iscriviti alla nostra newsletter! ]  


Uruknet on Alexa

End Gaza Siege
End Gaza Siege


:: Segnala Uruknet agli amici. Clicka qui.
:: Invite your friends to Uruknet. Click here.

:: Segnalaci un articolo
:: Tell us of an article

The Senate agrees to Imprisonment without Charges

Mike Whitney

00000usflag prison72.gif

November 12, 2005

How can the Senate vote to ban habeas corpus?!?

It makes no sense at all. It's like voting for an end to freedom. And, yet, this is exactly what happened on Friday, November 11, when the Senate passed the (Lindsay) Graham amendment which overturns an earlier Supreme Court ruling (Rasul vs. Bush) allowing Guantanamo detainees to challenge their imprisonment in federal court. By a 49 to 42 margin the Senate approved the measure which effectively deprives them of the right to know why they are being held or of any legal means to defend themselves.

None of the Guantanamo inmates have ever been charged with a crime. The Senate vote ensures that they never will.

The action goes beyond a simple dispute with the high court's decision to honor the rights of so called "enemy combatants". The vote denies the prisoners any civil liberties provided under the Bill of Rights, the Geneva Conventions or any other of the human rights treaties to which the US is a signatory. It is a blatant attempt to rescind the principle that men are entitled to equal treatment under the law or that they are innocent until proven guilty. From this point on, everyone who has been caught up in Bushs "war on terror" dragnet will be presumed guilty.

Habeas corpus is the cornerstone of American jurisprudence dating back 800 years in British Law. It allows a detained person to appear before a judge to determine the legitimacy of his imprisonment, and it forces the state to charge that person with a crime if it intends to continue holding him. It is the most fundamental of all human rights, and certainly the most important. Without the protection of habeas the state is free to disregard the rule of law and jail anyone it pleases. The denial of habeas is the beginning of tyranny.

Freedom does not exist in a vacuum; it can only thrive where there are restrictions on state power. Civil liberties are the fire-wall which protects the citizen from the threat of government abuse. Habeas corpus is the foundation upon which the entire scaffolding of civil liberties is erected. It is the primary shield against the violence of the state.

Senator Lindsay Graham knows all of this; after all he's an attorney. And, yet, he has taken this extraordinary step to revoke The Great Writ of Liberty (habeas corpus) to confer absolute authority on the president.


Where is the evidence that eviscerating basic liberties improves our chances of winning the war on terror?

In case after case, the Bush administration has taken the position that the president is above the law and can imprison "terror suspects" according to his own discretion. On September 9, 2005 the administration won a crucial battle when the 3 judge panel of the 4th Circuit Court of Appeals voted unanimously that Bush could continue to imprison an American citizen, Jose Padilla, without charging him with a crime. The court said that the "Joint Resolution" issued by Congress following 9-11 authorized the President to use "all necessary force" in fighting the war on terror. This, they concurred, allows the president to ignore the Bill of Rights and act on his own judgment.

Once again, the target of Bush's assault in the Padilla case was habeas corpus, the ideological nerve-center of American jurisprudence.

Consider the words of Alexander Hamilton who said, the writ of habeas corpus protects against "the practice of arbitrary imprisonment . . . the favorite and most formidable instrument of tyranny."

Or, this from Justice Antonin Scalia:

"The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive."

The Bush administration, under cover of the war on terror, is marching inexorably towards a totalitarian state. Since Sept 11 they have taken steps to reconfigure the legal landscape and promote their vision of the supreme presidency. Their colleagues in the Congress and the judiciary have supported their efforts to bolster executive power while putting the president beyond the range of accountability. All the while, they have calculatingly zeroed in on the essential human right upon which liberty depends; habeas corpus, the epicenter of American freedom.

Courtesy and Copyright Mike Whitney

:: Article nr. 17752 sent on 12-nov-2005 21:58 ECT


:: The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website.

The section for the comments of our readers has been closed, because of many out-of-topics.
Now you can post your own comments into our Facebook page: www.facebook.com/uruknet

Warning: include(./share/share2.php): failed to open stream: No such file or directory in /home/content/25/8427425/html/vhosts/uruknet/colonna-centrale-pagina-ansi.php on line 385

Warning: include(): Failed opening './share/share2.php' for inclusion (include_path='.:/usr/local/php5_6/lib/php') in /home/content/25/8427425/html/vhosts/uruknet/colonna-centrale-pagina-ansi.php on line 385

[ Printable version ] | [ Send it to a friend ]

[ Contatto/Contact ] | [ Home Page ] | [Tutte le notizie/All news ]

Uruknet on Twitter

:: RSS updated to 2.0

:: English
:: Italiano

:: Uruknet for your mobile phone:

Uruknet on Facebook

:: Motore di ricerca / Search Engine

the web

:: Immagini / Pictures


The newsletter archive

L'Impero si è fermato a Bahgdad, by Valeria Poletti

Modulo per ordini


:: Newsletter

:: Comments

Haq Agency
Haq Agency - English

Haq Agency - Arabic

AMSI - Association of Muslim Scholars in Iraq - English

AMSI - Association of Muslim Scholars in Iraq - Arabic

Font size
1 2 3

:: All events


[ home page] | [ tutte le notizie/all news ] | [ download banner] | [ ultimo aggiornamento/last update 28/08/2019 00:45 ]

Uruknet receives daily many hacking attempts. To prevent this, we have 10 websites on 6 servers in different places. So, if the website is slow or it does not answer, you can recall one of the other web sites: www.uruknet.info www.uruknet.de www.uruknet.biz www.uruknet.org.uk www.uruknet.com www.uruknet.org - www.uruknet.it www.uruknet.eu www.uruknet.net www.uruknet.web.at.it

:: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
::  We always mention the author and link the original site and page of every article.
uruknet, uruklink, iraq, uruqlink, iraq, irak, irakeno, iraqui, uruk, uruqlink, saddam hussein, baghdad, mesopotamia, babilonia, uday, qusay, udai, qusai,hussein, feddayn, fedayn saddam, mujaheddin, mojahidin, tarek aziz, chalabi, iraqui, baath, ba'ht, Aljazira, aljazeera, Iraq, Saddam Hussein, Palestina, Sharon, Israele, Nasser, ahram, hayat, sharq awsat, iraqwar,irakwar All pictures


I nostri partner - Our Partners:

TEV S.r.l.

TEV S.r.l.: hosting


Progetto Niz

niz: news management



digitbrand: ".it" domains


Worlwide Mirror Web-Sites:
www.uruknet.info (Main)
www.uruknet.us (USA)
www.uruknet.su (Soviet Union)
www.uruknet.ru (Russia)
www.uruknet.it (Association)
www.uruknet.mobi (For Mobile Phones)
www.uruknet.org.uk (UK)
www.uruknet.de (Germany)
www.uruknet.ir (Iran)
www.uruknet.eu (Europe)
wap.uruknet.info (For Mobile Phones)
rss.uruknet.info (For Rss Feeds)

Vat Number: IT-97475012153