From the outset, the Bush administration intended the detainment camp at Guantanamo Bay to operate beyond the reach of U.S. courts.
On Tuesday, the administration got a federal appeals court victory that adds a stamp of legitimacy to this shameful concept.
The court’s decision upholding a law denying terror detainees the right to appeal their incarceration underscores the need for Congress to fix this situation, which is out of step with U.S. judicial tradition.
Some 395 foreign prisoners are being held at the military base in Cuba.
When the weak-kneed 109th Congress approved the Military Commissions Act of 2006, it was meant to deep-six a prior U.S. Supreme Court decision affirming the habeas corpus rights of detainees. Habeas is a centuries-old legal avenue by which prisoners can petition a court for release from unlawful imprisonment.
President Bush pushed a compliant Congress last fall into approving broad legislation that gave the administration unprecedented power to detain and try suspected terrorists. It provided immunity for U.S. officials who tortured prisoners. And it forbade habeas for prisoners, instead setting up military panels that would review detentions.
The decision Tuesday by Republican appointees on the U.S. Court of Appeals for the District of Columbia found the Military Commissions Act did not violate the provision of the U.S. Constitution that prohibits the suspension of habeas corpus “unless when in cases of rebellion or invasion the public safety may require it.”
Judge A. Raymond Randolph was joined by Judge David B. Sentelle in ruling that the Constitution didn’t afford rights to foreigners without property or presence in the United States. Democratic appointee Judge Judith W. Rogers dissented.
The decision is likely to be appealed to the Supreme Court, but in the meantime, the 110th Congress has the opportunity to reverse the provision approved by its predecessors. Initial signs are encouraging.
Last month, ranking members of the Senate Judiciary Committee – Patrick Leahy, D-Vt., and Arlen Specter, R-Pa. – introduced the Habeas Corpus Restoration Act of 2007.
It would restore habeas corpus rights to foreign citizens that existed before passage of the Military Commissions Act. We urge Colorado Sens. Ken Salazar and Wayne Allard to support this effort.
Lawmakers should act quickly to fix last year’s mistake and send a clear message: The rule of law, and the right of habeas corpus, should apply to everyone.
