Want to understand why folks are making a fuss over "Habeas Corpus" these days?
by Mara Shlackman Wednesday, Jan. 16, 2008 at 4:23 PM
marashl@hotmail.com

If you want to understand why some folks are making a fuss over "Habeas Corpus" these days, here's a little primer....... Habeas Corpus is a legal term that defines the basic right of someone to question why they are being held by the government. If the agency holding someone is presented with a "Writ of Habeas Corpus" the agency must either release the prisoner or present a valid justification for their arrest.

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As I understand it, Habeas Corpus rights have been suspended for "unlawful enemy combatants" in the United States as per the Military Commissions Act of 2006.

However, the MCA also states that even US citizens can be declared as "unlawful enemy combatants."

Here's where it gets spooky: the power to declare someone as such rests with the Executive Branch (the President) and once declared there is no right of appeal.

In essence, you could be declared an unlawful enemy combatant at the discretion of the President and held forever - without even the right to defend your innocence.

Whatever you think of the current President (it's totally irrelevant), just remember that this power, unless the MCA is overturned, will rest with all future Presidents as well.

Out of all the possible candidates, imagine the one you trust the least. Would you trust them with this power?

And that is why some folks are raising such a fuss.

Have they made a valid argument about this major shift that has stripped us of one of our most basic rights?

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