Slouching Senate Democrats To Embrace Half-Assed Rights Bill

S. 576 is a bill introduced to the Senate by Christopher Dodd to repeal many of the most onerous features of the Military Commissions Act. If passed, some of its main acts would be to:

1. Restore the right of habeas corpus for people detained by the U.S.
2. Narrow the definition of the MCA term “unlawful enemy combatant” to individuals who directly participate in attacks against the United States.
3. Let United States detainees invoke the ethical codes of the Geneva Conventions again.
4. Let U.S. detainees obtain a civilian lawyer for their defense.
5. Prohibit the use of evidence garnered through torture.
6. Prohibit the use of hearsay, upon the discretion of a judge.
7. Let juries know how statements were obtained from detainees.
8. Permit federal appeals courts to review the decisions of military commissions.

S. 185 is a bill proposed in the Senate to repeal one of the many onerous features of the Military Commissions Act. If passed, its single act would be to:

1. Restore the right of habeas corpus for people detained by the U.S.

S. 185 has no prohibition of hearsay evidence. No federal appeals court review of commission decisions. No prohibition of evidence from torture. No civilian defense lawyers allowed. No appeals to the Geneva Conventions.

Guess which bill the Senate Democratic Leadership has chosen to promote. Senate Judiciary Chairman Patrick Leahy writes:

Many of you may recall the hasty passage of the Military Commissions Act in the weeks leading up to last year’s election, a bill that set new rules for trying detainees, in particular those currently being held at Guantanamo Bay in Cuba.

The passage of this bill was a profound mistake, and its elimination of habeas corpus review was its worst error. Righting this wrong is one of my top priorities, and on the first day of this Congress I joined with Senator Arlen Specter to introduce the Habeas Corpus Restoration Act (S. 185). This bipartisan bill already has 17 cosponsors, but it faces a crucial vote in the Judiciary Committee this Thursday so we need your help.

Please e-mail your home-state Senators today and urge them to protect our fundamental liberties by supporting the Habeas Corpus Restoration Act!

S. 185 is better than nothing, but it’s not as good as what needs to be. History tells us what will happen if the Democrats just pass S. 185. They will crow about having supported the Constitution, and they won’t pass follow-up legislation to right the numerous other wrongs of the Military Commissions Act, and the net effect will be an erosion of our constitutional rights. Then, when there is another instance of terrorism on American soil (as of course there eventually will be), the political authoritarians will push us even farther into a police state.

Your Senator needs to understand that you’re paying attention, and that you care enough about American liberty to insist on support for the stronger bill, S. 576. Click here to see whether your Senators have cosponsored Christopher Dodd’s S. 576. If they have, great. If they haven’t, contact your Senators and let them know you know the difference between full support and defense of constitutional liberties and half-assed measures. Ask them when they plan to cosponsor S. 576.