No Habeas for Them, No Habeas for Us
Tinkering with habeas corpus is a dangerous thing. Today, Sen. Lindsay Graham and his fellow Senators told you they are only restricting habeas rights of enemy combatants, i.e., foreigners. But on November 16, the Senate Judiciary Committee will hold a second hearing on S. 1088 (pdf), a bill that would gut habeas corpus rights for Americans.
The legislation, known as the Streamlined Procedures Act, would effectively kill the writ of habeas corpus by stripping federal courts of jurisdiction to consider cases in which a prisoner's constitutional rights may have been violated. The legislation would apply to all criminal cases, including capital cases. The legislation is sponsored by Sen. Jon Kyl (R-AZ) in the Senate and Rep. Dan Lungren (R-CA) in the House.
I warned about the bill in July, quoting an LA Times article:
Virginia Rep. Bobby Scott, the ranking Democrat on the subcommittee considering the bill, conceded there was little chance of blocking it in the House. "The House has been very supportive of anything that would strip the innocent of a fair hearing. This bill will ensure that more innocent people will be put to death," he said in a telephone interview."
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