A Plea for Habeas
by TChris
When senators complain that "terrorists" shouldn't be entitled to habeas corpus review of their detentions, they're missing the point. It isn't enough for the administration to claim someone is a terrorist. As P. Sabin Willett makes clear, the administration doesn't always get it right.
Willett represents a client at Guantanamo named Adel.
Adel is innocent. I don't mean he claims to be. I mean the military says so. It held a secret tribunal and ruled that he is not al Qaeda, not Taliban, not a terrorist. The whole thing was a mistake: The Pentagon paid $5,000 to a bounty hunter, and it got taken.
So Adel is now a free man, right? The Bush administration's secret tribunal did justice, right? Wrong.
The military people reached this conclusion, and they wrote it down on a memo, and then they classified the memo and Adel went from the hearing room back to his prison cell. He is a prisoner today, eight months later. And these facts would still be a secret but for one thing: habeas corpus.
Willett makes an impassioned defense of habeas corpus, a right that -- according to Article I, section 9 of the Constitution -- "shall not be suspended."
But the Senate voted to abolish it for Adel, in favor of the same "combatant status review tribunal" that has already exonerated him. That secret tribunal didn't have much impact on his life, but [Sen.] Graham says it is good enough.
The military's secret tribunals are no substitute for a full judicial review of a detention's legality.
Mistakes are made: There will always be Adels. That's where courts come in. They are slow, but they are not beholden to the defense secretary, and in the end they get it right. They know the good guys from the bad guys. Take away the courts and everyone's a bad guy.
Willett has a message for the senators who are so quick to trust the Bush administration to do the right thing.
I'm back in Cuba today, maybe for the last time. Come down and join me. Sen. Graham, Sen. Kyl -- come meet the sleepy-eyed young man with the shy smile and the gentle manner. Afterward, as you look up at the bright stars over Cuba, remembering what you've seen in Camp Echo, see whether the word "terrorist" comes quite so readily to your lips. See whether the urge to abolish judicial review rests easy on your mind, or whether your heart begins to ache, as mine does, for the country I thought I knew.
| < There is No Justice at Guantanamo | Editorials Opposing the Graham Amendment > |





