Is anyone else concerned with this recent appeal? I'm trying to find an explanation, and I just keep coming up short. I had hoped for more from the Obama administration!!!
The New York Times
Editorial
The Obama administration is basking in praise for its welcome commitment to shut down the American detention center at Guantánamo Bay. But it is acting far less nobly when it comes to prisoners held at a larger, more secretive military detention facility at Bagram Air Base in Afghanistan.
"Habeus corpus is what makes us different from the terrorists. ... It is not negotiable if we are a democracy."
In February, the new administration disappointingly followed the example of the Bush White House in opposing judicial review for prisoners who have been indefinitely detained at Bagram without any charges or access to lawyers. The administration has now added to that disappointment by appealing a new federal court ruling extending the right of habeas corpus to some Bagram detainees.
The ruling was issued by Judge John Bates of the United States District Court for the District of Columbia. Narrowly crafted, the ruling essentially grants all non-Afghan Bagram detainees captured outside Afghanistan and held over six years without due process the same right to federal court review that the Supreme Court gave last year to similarly situated prisoners at Guantánamo.
Bagram differs from Guantánamo in that it is located in an active theater of war. Historically, habeas corpus has not extended to detainees held abroad in zones of combat. But the evidence suggests it was the prospect that Guantánamo detentions might be subject to judicial oversight that caused the military to divert captives to Bagram instead.
The theater of war excuse for denying judicial review, the judge found, is unpersuasive when the government imports detainees from elsewhere. “It is one thing to detain those captured on the surrounding battlefield at a place like Bagram,” Judge Bates wrote. “It is quite another thing to apprehend people in foreign countries — far from any Afghan battlefield — and then bring them to a theater of war, where the Constitution arguably may not reach.”
Although Judge Bates’s ruling addresses only 30 of 600 or so prisoners, he found that the process for determining whether a person has been properly labeled an “enemy combatant” even “less sophisticated and more error-prone” than the process the Supreme Court deemed inadequate at Guantánamo. This points to a wider due process problem affecting everyone now held at Bagram.
In the absence of a fair review process that complies with international and military law, there is no reason to feel confident that everyone detained at Bagram deserves to be there. The administration should focus on putting such a process in place, instead of wasting its energies in an appeal that simply recycles extravagant claims of executive power and perpetuates the detention policies of the Bush administration.
I will be leaving Lansing tomorrow at 4:15pm and heading to Grand Rapids to see Obama speak at the Van Andel arena. I have room for two people in my car. If you would like to car pool or catch a ride e-mail me before 8am Wednesday, May 14th or call me at 906-250-0653.
The event begins at 7pm and we will be coming back to Lansing late (probably around midnight). For those of you who would like to go earlier with the chance of getting better seats- there is a group leaving from the Gone Wired Cafe at 12:30 p.m. The address is 2021 W. Michigan Ave, Lansing, MI.
Thanks to Lauri Elbing who posted the following event. Get invovled and voice your concerns against seating Michigan's delegates at the convention using illegitimate primary results. As we all know, Barack Obama's name was not even on the ballot. It is very misleading for Hillary to claim (as she does on her website) that she "won" in Michigan.
Call or Write the Michigan Democratic Party and ask them to abide by the rules. Do Not Seat Michigan Delegates at the National Convention without first having a Fair and Legitimate Primary. No New Primary, No Seating.The Democratic Party (DNC)CALL: 202-863-8000WRITE:On-line:To voice your opinion and concerns on-line, click on: http://www.democrats.org/page/s/contactissues and follow the instructions. Possible issue headings from scroll down menu: Election 2008, Honest Leadership, Voter Protection, Civil RightsMailing Address:Democratic National Committee430 S. Capitol St. SEWashington, DC 20003The Michigan Democratic Party (MDP)Leadership:Mark Brewer, ChairTina Abbott, First Vice ChairLupe Ramos-Montigny, Second Vice Chair Ismael Ahmed, Third Vice Chair Rosa Holliday, Recording and Corresponding SecretaryDianne Byrum, TreasurerAlso:Governor Jennifer GranholmLieutenant Governor John CherrySenator Carl LevinSenator Debbie StebenowCongressman John DingellCongressman Dale KildeeState Senator Mark SchauerCALL: (517) 371-5140WRITE: On-line:http://www.michigandems.com/contactus.htmlMailing Address:Michigan Democratic Party606 Townsend StreetLansing, MI 48933*** A THANK YOU NOTE TO CONGRESSMAN JOHN CONYERS would be good to send also, given his lonely stance on the right side of justice.CALL: (313) 961-5670WRITE:On-line:http://www.johnconyers.com/contactor E-mail: campaign@johnconyers.com Mailing Address:Conyers for Congress1831 Bay Street, SEWashington, DC 20003
Here's a great way for social workers in Michigan to spread the good news about Obama while making positive changes in our communities NOW! Watch the video http://think.mtv.com/044FDFFFF0098A0C600170098DA45/ or visit the website at http://www.whyobamaworks.org/involved.html.
I will try to organize such an event in the Lansing area in the coming weeks. Anyone with project ideas or who would like to help organize- please let me know!
Gwen Storm, LLMSW
Michigan Social Workers for Obama
gwyn_34@hotmail.com
I am joining the "Detroiters to Toledo for Obama" group tomorrow morning at 8:30am. If anyone from Lansing would like to join me I'd be happy to give you a lift. E-mail me before 7am Saturday, Feb. 23rd.
EVENT DETAILS BELOW: