HABEAS CORPUS 1 PRES. FREDO NIL

A little rule of law returns to Fredo's glorious war on terror:

Court Says Military Cannot Hold 'Enemy Combatant'

By ADAM LIPTAK
Published: June 11, 2007

In a stinging rejection of one of the Bush administration’s central assertions about the scope of executive authority to combat terrorism, a federal appeals court ordered the Pentagon to release a man being held as an enemy combatant.

“To sanction such presidential authority to order the military to seize and indefinitely detain civilians," Judge Diana Gribbon Motz wrote, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution — and the country.”

“We refuse to recognize a claim to power,” Judge Motz added, “that would so alter the constitutional foundations of our Republic.”

Writing for the majority, Judge Motz ordered the trial judge in the case to issue a writ of habeas corpus directing the Pentagon “within a reasonable period of time” to do one of several things with Mr. Marri. He may be charged in the civilian court system; he may be deported; or he may be held as a material witness; or he may be released.

“But military detention of al-Marri,” Judge Motz wrote, “must cease.”

Some in wingnut world have denounced this decision so let us use this occasion to keep in mind that the wingnuts are not and never have been true conservatives, such as Edmund Burke was:

This act, therefore, has this distinguished evil in it, that it is the first partial suspension of the Habeas Corpus that has been made. The precedent, which is always of very great importance, is now established. For the first time a distinction is made among the people within this realm. Before this act, every man putting his foot on English ground, every stranger owing only a local and temporary allegiance, even negro slaves who had been sold in the colonies and under an act of Parliament, became as free as every other man who breathed the same air with them.

Far from removing the difficulties which impede the execution of so mischievous a project, I would heap new difficulties upon it, if it were in my power.

I could see no fair, justifiable expedience pleaded to favor this new suspension of the liberty of the subject.