Detention

More Birthday Wishes- Habeas is Fundamental to Freedom

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:59am
Happy Birthday, HC! Your very existence has kept countless people from being arbitrarily imprisoned for an indefinite length of time solely because those in power believed they had the right to do so. Freedom vanishes when only a select few have exclusive rights which are not granted to others; your guarantee against arbitrary imprisonment will always be a necessary component of genuine freedom. -Harvey Flushing, NY The writ of habeas corpus has been an important instrument for the safeguarding of individual freedom against arbitrary state action. And it's been the most efficient safeguard of liberty. We should give every person -- even those people accused of the most serious crimes -- a fair trial in a neutral court. -Kathleen Livingston, TX

Habeas Birthday Messages Keep Coming In- Freedom of Expression

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:55am
If the government can lock you up indefinitely whenever it wishes the idea of freedom of expression and of loyal opposition becomes meaningless. -Nat Miranda, CA Thanks for always being there when we need you most. Thanks to you, none of us can disappear…

Habeas Birthday Messages Keep Coming In

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:54am
Dear Habeas, We care so much about you that in November, we wrote a Resolution calling on Congress for your restoration. Our Resolution went all the way from our chapter to the Democratic National Committee which adopted it formally in January. We won't…

Do We Still Torture?

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 7:01am
The LA Times asks in an editorial: All of this has created ambiguity about a subject that cries out for clarity. Torture violates basic norms of American society; it is wrong wherever practiced and by whatever euphemism. If the administration persists…

The National Security Bogeyman Haunts the Courtroom

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 6:41am
Excellent op-ed in the Post today by David Kay, the former weapons inspector and head of the Iraq Survey Group, and Michael German, a policy counsel at the ACLU in Washington. Takes to task the overuse of the so-called "state secrets" privilege, which,…

Happy Birthday Habeas- Freedom and Security

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:48pm
Suspending Habeas Corpus is another step down the road to becoming that which we profess to hate. "The terrorists" really ARE winning. -George Cumberland, RI "Any society that would give up a little liberty to gain a little security will deserve neither…

Happy Birthday Habeas- Curtailing Our Rights

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:46pm
The Magna Carta established the right to a writ of habeas corpus for John's barons. As a part of the British unwritten constitution, it has become one of the most important pillars of our English Heritage. If we rebelled against Great Britain because…

Runnymede

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:55pm
So, it's HC's birthday today. Three cheers for the jolly little green fellow, wherever he may be in these dark constitutional times. ACLU Executive Director Anthony Romero gives us a little history and a little inspiration (and a little country and…

Happy Birthday Habeas- Human Rights

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:49pm
Dear Habeas, Happy Birthday! It has been pointed out that even during the most dismal periods of the Dark Ages in Europe that Habeas Corpus was still always upheld. The United States is quickly becoming a rogue nation that represents fear and does not…

Question from a Reader

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:30pm
In response to the other day's post about the al-Marri decision, reader Robin C. poses an excellent question: Why, if the Court has so ruled, is a Habeas Corpus Restoration Act needed at all? If the constitutional habeas right still applies, as before…
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