More Rights for Terror Detainees; Dodd Bill Would Restore Habeas Corpus

The Washington Times (Washington, DC), December 11, 2006 | Go to article overview

More Rights for Terror Detainees; Dodd Bill Would Restore Habeas Corpus


Byline: Nat Hentoff, THE WASHINGTON TIMES

With the Democrats about to control Congress, for at least two years, congressional oversight of the executive branch greatly diminished for the past six years will be restored. Already in some Democrats' plans are amendments to the recently passed and signed into law, the Military Commissions Act of 2006 (MCA), which greatly enlarges the president's much-prized unitary executive powers.

Connecticut's Democratic Sen. Christopher Dodd has authored the Effective Terrorists Prosecution Act which he will reintroduce in the new Congress that amends the rampant constitutional defects in the Military Commissions Act that the president was very pleased to sign in October. Since global homicidal terrorism is far from abating, Mr. Dodd makes the obligatory point:

"It's clear that the people who perpetrated these horrendous crimes against our people have no moral compass and deserve to be prosecuted to the full extent of the law (but) at the same time protecting what it means to be America .. if we are to uphold the values of equal justice that are codified in our Constitution."

Accordingly, his legislation would restore to detainees suspected of terrorism their rights to habeas corpus the core of American due process stripped out of the 2006 Military Commissions Act, even though the Supreme Court in 2004 and 2006 ruled that these prisoners are entitled to meaningfully petition our federal courts, including their conditions of confinement.

The Dodd bill would also amend the startlingly expanded definition of "unlawful enemy combatant" in the MCA law that allows the president to hold detainees, so designated by him, indefinitely including those loosely accused of "purposely and materially supporting" the enemy. (Permanent legal aliens in the United States could also be swept up as enemy combatants for contributing to charities they didn't know were linked to terrorists.)

The Dodd bill would narrow this definition of enemy combatants "to individuals who directly participate in hostilities against the United States."

Under the 2006 MCA, trials of enemy combatants can include evidence obtained from "coercive" interrogations, a term proved in the past to sometimes be a euphemism for torture. The Dodd bill excludes such evidence as well as unreliable hearsay evidence from sources the defendants are not able to confront.

The bill the president signed into law last October also gives him, and his successors, the authority to interpret the meaning and application of the Geneva Conventions on the treatment of prisoners.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

More Rights for Terror Detainees; Dodd Bill Would Restore Habeas Corpus
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.