Mukasey: Congress should set rules for detainees

[maddezmom]

Source: AP

WASHINGTON - Attorney General Michael Mukasey wants Congress to help figure out how to give Guantanamo Bay terror detainees their day in U.S. civilian courts.

A Supreme Court ruling last month "stopped well short" of detailing how foreign suspects will be allowed to challenge their detention, Mukasey said in draft excerpts of a speech he was to deliver Monday morning.

"In other words, the Supreme Court left many significant questions open," Mukasey said in the excerpts that were obtained by The Associated Press.

He called it "well within the historic role and competence of Congress and the executive branch to attempt to resolve them." Mukasey was speaking at the American Enterprise Institute, a Washington think-tank.

At issue is the June 12 ruling that struck down a provision of the Military Commissions Act of 2006 that denied Guantanamo detainees the right to file petitions of habeas corpus. Habeas corpus is a centuries-old legal principle, enshrined in the Constitution, that allows courts to determine whether a prisoner is being held illegally.



Read more: http://news.yahoo.com/s/ap/20080721/ap_on_go_ca_st_pe/guantanamo_mukasey_2

[MannyGoldstein]

1. Normally, This Would Be Good News

Unfortunately, the "How high should we jump Mr. President sir?!" congressional Democrats will notdo the right thing.

[The Stranger]

2. Mukasey's attempt to make special laws for these incarcerated individuals smacks of racism.

It is unacceptable to make special laws for individuals based on where they come from or what alleged affiliations they have.

And the fact that they all seem to be of one particular religion, and one two or three main ethnicities, this is beginning to look like a resurgence of Jim Crow.

[Spurt]

3. All congress has to do is...

...call them what they are - prisoners!

There are ample existing processes covering prisoners. Stuff like habeus corpus, Geneva conventions, legal representation et al.

They are only called detainees to get around the rules, so just stop that BS and tell Justice they are prisoners, either civilian or of war. Then deal with them accordingly.

Solved by lunch time.

[alfredo]

11. He wants congress to make bush's actions legal.

[gratuitous]

4. We already have laws in place, Mr. Mukasey

Allow me to introduce you to a couple of quaint old documents I like to call the United States Constitution and our attendant treaty obligations under such agreements as the Geneva Conventions and the United Nations Charter. They spell out pretty clearly what we have done for over 200 years in regard to the rights of persons accused of crimes, but since you're a Republican, I'm not surprised you're unaware of these things (at least, of course, until it's you in the dock).

See, just because your boss changed what he calls prisoners of war, they're still prisoners of war. You know the law, Mr. Attorney General. Quit passing the buck and enforce it.

[Solly Mack]

5. He's asking for protection

of an already bullshit process...America searches for legitimacy in her war crimes.

"Mukasey, however, wants lawmakers — and not federal district judges — to set the rules. It's unclear at best whether Congress could act by then, and any new laws setting such standards likely would be snarled in appeals for years.

Among the issues to be sorted out is how civilian judges might be allowed to review evidence against the prisoners. The Justice Department has fought for years to limit judicial review of evidence in these cases.

Mukasey noted that the Supreme Court acknowledged the hearings "could raise serious national security issues."

"The court recognized, and with good reason, that certain accommodations must be made to reduce the burden habeas corpus proceedings will place on the military and to protect sources and methods of intelligence gathering," Mukasey said."

[WriteDown]

8. Constitution is n/a for prisoners....

Also, if you are dealing with an un-uniformed force the Third Geneva convention may not apply due the requirement that the enemy have a recognizable sign at a distance. Also, the enemy must respect "the customs of war(someone explain this one to me, haha)."

I think Mukasey is actually right on this one. The Congress should step up and form a coherent policy. Would be a good start to the upcoming Dem administration as well.

[Solly Mack]

9. ...

Conservatives distorted Geneva Conventions to defend Gonzales


Bush concedes that Geneva Conventions apply in Guantanamo

[WriteDown]

10. I am just going by the actual text of the Third Geneva Conv'

It is very specific which is what led to this current situation. If the Dems in congress could step up and show an equitable and fair way for this to be done, they would show the American people how to really govern. Also, it would throw the issue right back at the AG and Bushler.

[DCKit]

6. It's a set-up.

Somehow, they're trying to lay all of this at the Democrats feet.

Don't fall for it kids!

[Supersedeas]

7. hiding in the halls of Conversative think-tanks; that's the Peoples Attorney...our AG

[maddezmom]

12. Attorney General's Call to Legislate Detainee Policy Rankles Senators

~snip~

Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, issued a statement today, slamming Mukasey for failing to consult or inform the Committee of his thoughts before his speech:

"The Committee has held a wide range of hearings on issues of detainee rights and procedures. Attorney General Mukasey's call today for Congress to create new rules for these habeas proceedings is the first I have heard from the Administration on this issue," Leahy said. "The Administration made this mess by seeking to avoid judicial review at all costs, causing years of delay and profound uncertainty."

Sen. Russ Feingold (D-WI) echoed Leahy's comments. "Our federal courts are capable of handling these cases," he said. "By repeatedly mishandling these cases, the administration has delayed justice from being served."

: Senate Majority Leader Harry Reid (D-NV) just chimed in with a statement from the Senate floor.

"As a result of its repeated efforts to circumvent the requirements of the Geneva Conventions and the Constitution, the Bush administration has yet to bring to justice the perpetrators of the terrorist attacks of September 11," he said. "The courts are well equipped to handle this situation, and there is no danger that any detainee will be released in the meantime."

more:http://tpmmuckraker.talkingpointsmemo.com/2008/07/attorney_general_call_to_legislate_detainee_policy_rankles_senators.php

[maddezmom]

13. Sen Leahys To Attorney Gen Mukasey’s Call For Congressional Action On Rules For Detainee Rules

Reaction Of Senator Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
To Attorney General Mukasey’s Call
For Congressional Action
On Rules For Detainee Hearings

Monday, July 21, 2008

The Supreme Court’s 5-4 decision in Boumediene v. Bush last month reaffirmed our core American values by concluding that detainees at Guantanamo have the right to bring habeas corpus claims in federal court. I applauded that decision because I have maintained from the beginning that the provisions of the Military Commission Act that purported to strip away those rights were unconstitutional and un-American.

The Judiciary Committee has held a wide range of hearings on issues of detainee rights and procedures. Attorney General Mukasey’s call today for Congress to create new rules for these habeas proceedings is the first I have heard from the Administration on this issue. Given the Judiciary Committee’s long interest in this subject, it is regrettable that the Attorney General neither consulted with nor informed the Committee about this request before his speech.

The Courts have a long history of considering habeas petitions and of handling national security matters, including classified information. I have great confidence in our system of justice and its ability to handle these issues. The Administration made this mess by seeking to avoid judicial review at all costs, causing years of delay and profound uncertainty. It has been rebuked four times by the Supreme Court. Habeas Corpus is the ultimate guarantee of fairness and a check on executive excess. The Congress must not rush to pass yet another piece of ill conceived legislation. The Judiciary Committee will continue to address issues related to detainees and will review and consider any proposal from the Administration on these matters. With so little time left in this legislative session and the complexity of these issues, it may be an issue more responsibly addressed in the next Congress with a new President.