THERE’S HABEAS, AND THEN THERE’S HABEAS….A few weeks ago the Supreme Court ruled that prisoners at Guantanamo were entitled (among other things) to habeas corpus proceedings. Today, via Phil Carter, we learn that the administration has no real intention of following the court’s order. Lyle Denniston at SCOTUSBlog writes that the Justice Department is recommending that detainees have no right to counsel at these proceedings, no right to due process, and no right to challenge their detention under international treaties. Plus all the proceedings should be postponed indefinitely anyway until the Pentagon finishes a new round of hearings before Combatant Status Review Tribunals.
That’s some habeas. The Founding Fathers would be mighty proud, wouldn’t they?