Another Proud American Moment

The "accumulation of all powers, legislative, executive, and judiciary, in the same hands ... may justly be pronounced the very definition of tyranny."--James Madison, Federalist Paper No. 47

In blatant defiance of the Constitution's guarantees of Habeas Corpus and separation of powers, the Senate on Thursday approved the Graham Amendment to the Department of Defense Authorization Act by a vote of 49 to 42. Five Democrats joined all but 4 Republican Senators in giving the President unfettered power to hold prisoners at Guantánamo Bay, Cuba, for the rest of their lives, with no criminal charges, and no right to challenge their confinement by Habeas Corpus.
Last year, the Supreme Court held in Rasul v. Bush that the Guantánamo detainees are entitled to file habeas petitions in US courts to contest their detentions. The high court determined that non-US citizens held at Guantánamo, "no less than American citizens, are entitled to invoke the federal courts' authority" to hear their petitions under 28 USC § 2241, the US Habeas Corpus statute.
The Supreme Court stated firmly in Rasul, "Consistent with the historic purpose of the writ, this Court has recognized the federal courts' power to review applications for habeas relief in a wide variety of cases involving Executive detention, in wartime as well as in times of peace."
The Graham Amendment is crafted to render Rasul a nullity by cutting off the rights of Guantánamo prisoners to have their habeas petitions considered by the federal courts. The Amendment limits federal court review to the narrow issue of the validity of decisions rendered by Combatant Status Review Tribunals. These kangaroo courts were set up to determine whether the Guantánamo prisoners are "enemy combatants." They are not independent judicial tribunals, but rather administrative proceedings stacked with military officials who can use secret or even fabricated evidence. The prisoner is not entitled to be represented by an attorney.
Only a handful of prisoners at Guantánamo have been charged with crimes. Their cases will be heard in military commissions that George W. Bush established to impose long sentences and even execute detainees with virtually no judicial oversight. Without habeas access to federal courts, Bush and Donald Rumsfeld will ostensibly serve as prosecutor, judge and executioner in the military commissions. This flies in the face of the constitutional doctrine of separation of powers. Three days before the Graham Amendment was passed, the Supreme Court announced it would review the legality of those military commissions in Hamdan v. Rumsfeld.
Even though the majority of prisoners detained at Guantánamo admittedly pose no threat to the United States, they continue to languish in virtual isolation under torturous conditions. Two hundred of them, who have decided death is preferable to life, are trying to starve themselves in a hunger strike.
The last time Habeus Corpus was suspended was during that other great and proud time of Japanese-American internment during WWII. Good times. Good times.

Now, everyone! All together now!
"Oh I'm proud to be an american, where at least I know I'm freeeee............................."