Well, at least one Colorado senator finally got it right.
We applaud Sen. Ken Salazar for voting in favor of an amendment to try to restore the right of habeas corpus for foreign suspects detained by the United States.
Unfortunately, the floor amendment, which was part of the Defense Authorization Act, failed by four votes. Republican Sen. Wayne Allard voted against the measure.
Salazar was criticized last year for voting with the Republican majority in favor of the Military Commissions Act, which created an unconstitutional system of trial and punishment for foreign prisoners. Dumping habeas corpus for prisoners was one of the worst aspects of the law.
Salazar said at the time he had fought to keep habeas corpus but voted for the overall bill because he believed it would “jumpstart the process to determine the guilt or innocence of hundreds of people the Bush administration has held in captivity and in limbo for years.”
Habeas corpus is a core principle of American justice that gives detainees the right to court hearings to challenge their confinement. In 2004, the Supreme Court affirmed it, ruling that Bush could not revoke such rights for foreign detainees. Bush then used the GOP-controlled Congress to reverse the court.
The Military Commissions Act is being challenged in court. But habeas corpus is a basic right and Congress needs to try again to restore it for foreign detainees.
