Glenn Greenwald: The Military Commissions Act in Action

Glenn Greenwald outlines the actions of the Bush administration against Ali Saleh Kahlah al-Marri. Arrested in 2001, declared an "enemy combattant" in 2003 just before his trial began, al-Marri is still being held. He has no ability to communicate to the outside world, not even to his lawyers. He's not charged with a crime. He has no recourse. His detainment is indefinite. The Justice Department now claims that this is justified by the Military Commissions Act.

Jack Balkin (Knight Professor of Constitutional Law and the First Amendment at Yale Law School) argues:

The government's argument is a fairly straightforward application of one of the worst features of the Military Commissions Act of 2006-- the elimination of habeas corpus rights for non-citizens within the United States when the government chooses to brand them enemy combatants. I've argued that this provision is unconstitutional, but no court has yet ruled on the question

See also, Jayne Lyn Stahl, "What Part of Outrage Don't They Understand?"

Mickeleh's Take: Now that the president's approval rating is down to 33%, and now that they control a majority of both House and Senate, the Democrats should find the courage and honor to change the law and restore our commitment to Habeas Corpus. Do we have to wait for the Supreme Court to recognize its unconstitutionality?

(Tags: Habeas Corpus, Military Commissions Act, George Bush)