Habeas Corpus Talking Points

Military Commissions Act

• Undermines the Constitution and the rule of law. The Military Commissions Act (MCA) eliminated the Constitution’s due process protection of habeas corpus, the basic right to have a court decide if a person is imprisoned legally or illegally, for detainees at Guantanamo Bay and elsewhere. It allows our government to continue to hold hundreds of prisoners for more than five years without charges, with no end in sight.
• Makes the President both judge and jury. The MCA lets any president declare – on his or her own – who is an enemy combatant, decide who should be held indefinitely without being charged with a crime, and define what is – and what is not – torture and abuse.
• Rejects core American values. Habeas corpus is an important part of what separates America from many other countries. To do away with this American value makes us more like those we are fighting against. It is time to restore due process, defend constitutional rights, and protect what makes us Americans.

Restoring the Constitution Act of 2007 (H.R. 1415, S. 576)

• Ends indefinite detention. The Restoring the Constitution Act (RCA) fixes the problems that the MCA caused in undermining the Constitution and the rule of law. It restores habeas corpus and due process at Guantanamo Bay and to other detainees held indefinitely by the federal government.
• Makes clear that the Constitution is the law of the land. The RCA stops any president from arbitrarily deciding who is an enemy combatant, ensures that no one will be prosecuted based on evidence literally beaten out of a witness and that no president can make up his or her own rules regarding torture and abuse.
• Ensures top government officials are held accountable. The bill makes sure that all felony torture and abuse can be prosecuted, even if the perpetrator is sitting in an office in Washington instead of serving as a private in the field.

Habeas Corpus Restoration Act (H.R. 2826, S. 185)

• Restores fundamental American values. The Habeas Corpus Restoration Act restores the constitutional due process right of habeas corpus that the Congress and the President took away with the Military Commissions Act.
• Protects against unlawful detention. When we have people who have been held without charge in Guantanamo Bay for more than five years, there is nothing more fundamental than letting a court decide whether their continued detention is lawful.

For more information visit:
www.aclu.org/habeas