Habeas for Gitmo Detainees

Thursday, June 12, 2008

Emily Bazelon, senior editor of Slate Magazine, talks about this morning's Supreme Court decision granting habeas rights to Guantánamo Bay detainees.


Emily Bazelon

Comments [36]

hjs from 11211

and on the right you can emulate russia china and saudi arabia, states where the powerful steal from the people, a state-corporation kleptocracy system.

Jun. 12 2008 04:22 PM
James from New York

Well, Megan (# 33 above) we've still got North Korea & the Dear Leader.....And while Cuba slinks towards the market (however so slooooooowly) it'll eventually pass Zimbabe (under Mugabe) & Venezuela (under Chavez) as they go AWAY from free markets to the dead-hand of statism - so no fear, seems we'll have many other models to emulate in our struggles downwards into poverty!

Jun. 12 2008 02:55 PM
hjs from 11211

the EU.

Jun. 12 2008 02:53 PM
megan from Park Slope


"Cuba to abandon salary equality"
7 hours ago

Cuba is to abolish its system of equal pay for all and allow workers and managers to earn performance bonuses, a senior official has announced. ...

which country will the priveliged left worhsip now?

Jun. 12 2008 02:21 PM
James from New York

Paulette, #31 above: Sooory....but, yes - serious, sarcastically so, but serious all the same.
Not a Marxist here, so u'r 'ruling class' bashing just doesn't interest me. Even the Cubans have figured out - albeit after 50 years - that their 'equality' imposition on the economy only ensures equal poverty for everyone outside of the Party vanguard elite.

Jun. 12 2008 01:17 PM
Paulette from NYC

I just read James' posts and I hope he is not serious but sarcastic....Bush's "War on Terror" is a ruling class lie to fearmonger us back to a new age of "Cold War". Believe me American sercurities are still slack and if there were real threats and sleeper cells, it would be a breeze....We gave Bush a blank check and he botched even that up! By blowing up other countries, sending Iraqi citizens to refugee camps, creates angry people, who have nothing to live for! YOU TELL ME WHO ARE THE REAL BAD GUYS!

Jun. 12 2008 01:08 PM
Paulette from NYC

Hopefully this is the beginning of righting the wrongs.

W. Bush and his regime act as Caesar...... In the days of the Roman Empire, if you were not a citizen of Rome, you had no human rights and you were enslaved.

The prisoners at Guantanamo Bay may not be technical slaves or POWs, but held for years and denied counsel and fair trial is not only unethical and a crime within it self but an embarrassment to the USA.

And who detains the prisoners anyway? How were they captured? I wonder how many have been arrested by Blackwater Securities, the private mercenary firm (Cheney's Centurions)?

As for Justice Antonin Scalia‘s dissenting remark "will make the war harder on us. It will almost certainly cause more Americans to be killed." is passive aggressive elitist.

I would like to ask Scalia and the other dissenting Judges, why they continue to address Americans as the only human beings whose life and rights should be recognized and matter and ask them how many Iraqi citizens have died in war game cross fire.

And why they continue to be insensitive and refer to the prisoners as “enemy combatants” when not only the Supreme Court but NO COURT has heard any of their stories!!!!

I AM ASHAMED OF THE BEHAVIOR OF THE BUSH ADMINASTRATION and they do not reflect American values. Bush has a Napoleon complex…With his on brand of ruling class!

Jun. 12 2008 12:55 PM
hjs from 11211

and as a blue stater i'll take my chances.

by the way who's going to pay for the endless war? not the poor red states that already receives subsidies from the blue states?

let's build schools in NY and afghanistan instead

Jun. 12 2008 12:53 PM
James from New York

If I were a red stater, I'd say ok - let's let the libs have their way. Let's pull back from the war on terror. Let Ossama & his buds take care of NYC. Then when they're done & the liberal bastion is toasted in Holy mushroom cloud, we'll get the remaining libs to support the war & united we can go after 'em.
Bush, let the Guantanamo poor innocent oppressed free - return them to their friends. Let 'em take down NYC.

Jun. 12 2008 12:43 PM
hjs from 11211

"let the rednecks fight" for bush they voted for him twice. this war does NOT make me safe. bush has damaged this country for generations

Jun. 12 2008 12:34 PM
hjs from 11211

you're not thinking. this is a call for their trial. do you not have faith in the US justice system?

also military is for the poor in the south to escape poverty. it's another subsidy we offer the red staters

Jun. 12 2008 12:30 PM
megan from Park Slope

Good point James....

One does get the feeling that for so many of the rabidly anti war - it's "let the rednecks fight for me while I bash Bush and lounge in the Hamptons with my fellow limo libs"

No one is for war as a goal or end in itself -- but #11 comparing Bush to the Nazis etc,,, is a bit much.

Wonder if the same righteous indignation gets directed at the murderers whose weekly suicide bomber who butcher innocents in Pakistan, Afghanistan and all over the Middle East.

Actually, I don't. For many, all vioence in the world is Bush's, America's, our fault. We are the root cause and the sole criminal & perhaps the great Satan as Osama Bin Laden and the other Islamist "spiritual leaders" like to call us.

Just another day in Gotham.

Jun. 12 2008 12:22 PM
James from New York

NYC is the ground zero target for the Al Queda gang & all the other radical Islamist terrorists. Lately, as reported on NPR, the anti-war on terror campaign has done it's work so well that is extraordinaryily difficult to recruit young people in NYC for the military to fight that war. So we have the growing anamoly that the red states young are fighting & dying to protect blue state urbanites who no longer support the war against their enemies & do all they can to subvert it. Let the Guantanamo oppressed free!!! Let them rejoin their commrades. Let them conspire & collude to kill us by the thousands, nay the millions - We want to die 'cause we are evil - the source of all that is wrong in the world today.

Jun. 12 2008 12:10 PM
Amy from Manhattan

I appreciate Vanessa's comment on the Supreme Court & the presidential elections, but we need to remember that the president names not only Supreme Court justices but the *entire* federal judiciary.

Jun. 12 2008 12:02 PM
mc from Manhattan

The constitution was created in extraordinary times. During a period when a War had just ended not much later, the British burned down the white house. Scalia and the other dissenters have no concept of the founding father's intent. Rather, they lean towards a Mussolini style cessation of liberty and democracy and seek to undermine the founding principles of a modern society. The law is not there to protect us from crimes. It is there to insure freedom.

Jun. 12 2008 12:00 PM
Mark Heffern from Brooklyn Middle School

I think that Scalia' s dissenting argument is unconscionable. For him to lay the responsibility for the lives of Americans killed in the future on the doorstep of the 5 judges who granted habeus corpus to gitmo detainees is both dispicable, typical, and so obviously political in his use of fear to persuade opinion on any issue regarding this so called war on terror. I am happy with the ruling and sickened by how close the ruling is and by how political our COurt has become.

Jun. 12 2008 11:58 AM
Jeff from Midtown

Justice Scalia has apparently forgotten that the drafters of the constitution had no problem risking American lives for the principals set forth in that document, including habeus corpus. Surely, when they committed themselves and their nascent country to the war of independence, our founding fathers well knew that their decision would "almost certainly cause more Americans to be killed.

Jun. 12 2008 11:58 AM

how ironic - the brits just today voted on detention "against the Magna Carta for the first time since it was written" NPR ahs been reporting since dawn

Jun. 12 2008 11:57 AM
Katie from Forest Hills


I don't think habeus is generally restored. It is supposed to settle the question of is habeus only available to citizens or any human being in our judicial system has the right to petition the court to fair hearing and speedy trial, why they are being held regardless of their status in the country (citizen, legal, illegal).

Correct me if I am wrong.

Jun. 12 2008 11:56 AM
Steve from Manhattan

Even if the DC Circuit upholds an order for a release, can you imagine the Bush administration doing it? Not a chance.

And I wonder - if I had told you in 2001 that we'd have had most of our rights stripped from us would you have believed me? If I suggested to you then **adjusts tinfoil hate** that the Bush administration might fake a terrorist attack just before the election and call it off, you would have laughed. Would you laugh now though? Sure it's crazy talk, but I wonder if they'll give up all this power they've acquired easily. It's a frightening time.

Jun. 12 2008 11:55 AM
hjs from 11211

here's one link on british move

Jun. 12 2008 11:55 AM
Emanouil from bronx

Notice the circumstances of the particular case in question: These were Algerians detained in Bosnia. The court in that country ordered them released, and then they were sent to Guantanamo!

Jun. 12 2008 11:53 AM
MS from Westchester County

This ruling reminds us once again of the importance of the make up of the court. Anyone who feels the court is already too far right must NOT vote for McCain.

I am gratified by these results, though we can expect the Bush Administration to try to find a way around this, even though it sounds extremely decisive.

I hate to demonstrate my ignorance, but does this mean that habeas is just generally restored?

Jun. 12 2008 11:53 AM
Katie from Forest Hills


where can we read about that? didn't hear about that one!

Jun. 12 2008 11:51 AM
hjs from 11211

another scary close 5-4. elect obama, i don't know how much longer ginsburg and stevens can hold on.

did anyone read about england taking away people's rights to fight the terror war, who is the victim? the law, the people.

Jun. 12 2008 11:50 AM
Katie from Forest Hills

I can't stand the Patriot Act.

We can make things change. We don't end up on private jet to Poland.

Won't it be funny after Obama is elected and he prosecutes the Bush Administration for war crimes and it becomes on the level of when Nazi's went on trial after WWII.

In a way, what is going on now is worse than WWII because so many people are seduced and taken in by the lies and fancy trappings of this misguided regime.

Jun. 12 2008 11:50 AM
Steve from Manhattan

@Katie - if we try to make things change we'll wind up on a private jet on our way to Poland to be waterboarded at a black site. Don't you just love the Patriot Act?

Jun. 12 2008 11:48 AM
Katie from Forest Hills

Come on, things have got to change. We have to make them.

Jun. 12 2008 11:41 AM
Steve from Manhattan

@BORED - The Dear Leader and the Dark Lord will ignore this decision much as they ignored the Bill of Rights and the Geneva Conventions for the last 8 years - at least that's my prediction.

Jun. 12 2008 11:40 AM
Katie from Forest Hills

The movie "Rendition" is about what similar torture the prisoners suffered at Guantanamo. People are arrested and taken somewhere's and "questioned" with cruel and inhumane techniques.

It is wrong because we haven't established these people are terrorists and are mistreating them, even if they were, they are still human.

There is some good in everyone, even history's most evil leaders.

Jun. 12 2008 11:20 AM
Chris O from New York City

Webmaster: It is habeAS not habeUS, but no big deal.

Jun. 12 2008 11:16 AM
Chris O from New York City

The Supreme Court comes through: hallelujah as habeas corpus hangs on here, even as it suffers a blow in Britain.

Jun. 12 2008 11:14 AM

Steve why did you have to go and mess up my self made delusion. Bush and Cheney uses the law to scoop up dog poop.

Jun. 12 2008 11:09 AM
Katie from Forest Hills

It's about time!!

Remember, everything is subjective, including love and justice and all's fair in love and war.

The Bush Administration is still subject to checks and balances of our government system.

Jun. 12 2008 10:59 AM
Steve from Manhattan

Why all the excitement? Everybody knows that the Supreme Court doesn't have jurisdiction over the Fourth Branch of government! Dick Cheney doesn't have to give anybody a fair trial. He's free to keep torturing Pakistani cabdrivers without fear of retribution.

Jun. 12 2008 10:56 AM
mc from Brooklyn

Thank you, Supremes. My faith is not really restored but you get some cred for this.

Jun. 12 2008 10:41 AM

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