Soul Swapping: Habeas Corpus for “Security”

Have we really come to this?!  Has America really decided to sell its

soul for "security?!"

September 21, 2006.  NY
Times Op Ed Columnist Bob Herbert's passionate polemic, The
Torture of Liberty, calls a spade a spade:

"In the push to enact legislation
dealing with the interrogation and prosecution of terror suspects, both the
White House and dissident Republicans in the Senate intend to strip away the
hallowed safeguard of habeas corpus for some noncitizens held in U.S. custody outside the United States."

September 26, 2006.  Human Rights
Watch comes out with all guns blazing opposing the Bush Administration's
draft military commissions and detainee treatment bill.  The organization warns: 

"In denying the fundamental right of habeas corpus to detainees held abroad,
defining 'unlawful enemy combatants' in a dangerously broad manner, and
limiting protections against detainee mistreatment, the bill would undermine
the rule of law and America's
ability to protect its own citizens from unjust treatment at the hands of other
governments."

So, what's the hoopla over habeas corpus anyway?

According to LectLaw.com, A writ
of Habeas Corpus is "the fundamental instrument for safeguarding
individual freedom against arbitrary and lawless state action."  It is a "judicial mandate to
a prison official ordering that an inmate be brought to the court so it can be
determined whether or not that person is imprisoned lawfully and whether or not
he should be released from custody."

In other words, if you strip the
right to habeas corpus, anyone could be locked up for any reason and never seen
again – LEGALLY!

Have we really come to this?!  Has America really decided to sell its
soul for "security?"  What makes us America – what
makes us strong – what makes us worth fighting for – are the ideals upon which we
stand:

• Respect for the rule of law

• Protection of the rights and freedoms of
  individuals

• Our noble government places checks on the power
  of its leaders

• And protects the rights of minorities

Are we really willing to barter
the soul of America
in exchange for "security?"  "Security" from
what?!  Secure from Osama?  Secure from Al Qa'eda?  I'll tell you what!  The minute America exchanges the rule of law,
protection of individual freedoms, checks on governmental power, and protection
for minority rights for legalized torture, extraordinary rendition, and no
habeas corpus – that's when I'll get scared!

What's more scary?!  It seems the Democrats are abdicating their
leadership at precisely the moment when democracy is at stake.  According to a September 22 NY Times
Editorial, A
Bad Bargain, the Democrats have been largely silent on the matter.  What they should do is either try to fix this
bill or delay it till after the election. 
 

A vote is expected by the end of
this week.

Write your congressional
representatives today and tell them what you think about the treatment of
detainees.  I don't know about you, but I
plan to tell them, "Soul swapping never made me feel any safer."