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HABEAS CORPUS TO BE SUSPENDED!!!!!!!!!!!!!!!!! NO JOKE!!!!!!!!!!!!!!!!!!!!

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jfern Donating Member (394 posts) Send PM | Profile | Ignore Thu May-05-05 05:18 AM
Original message
HABEAS CORPUS TO BE SUSPENDED!!!!!!!!!!!!!!!!! NO JOKE!!!!!!!!!!!!!!!!!!!!
Edited on Thu May-05-05 05:22 AM by jfern
Here comes fascism thanks to the Real ID act that is coming.

http://www.dailykos.com/story/2005/5/4/225014/9272
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-05 05:32 AM
Response to Original message
1. Interesting article.
It is worth noting that the "great writ" was severely reduced in the years that Clinton was in office. The only voice against the reductions was New York's Senator Daniel Patrick Moynihan.
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losdiablosgato Donating Member (649 posts) Send PM | Profile | Ignore Thu May-05-05 07:29 AM
Response to Reply #1
3. Bush is not the first republican to do this
A. Lincoln suspended the writ during the civil war.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-05 08:05 AM
Response to Reply #3
4. Yes, Honest Abe did.
Perhaps more important for people today is the wittling down of one of the single most important protections Americans are supposed to enjoy. The "great writ" does date back to the Magna Carta. In 1868, the era you mention, the Supreme Court refered to it as the "best and only sufficient defense of personal freedom."

I am particularly interested in it, because a friend was released from prison in 1985 by a federal judge who ruled on his petition for habeas corpus. He had been incarecerated since 1966 for a crime he did not commit. Although there was new evidence uncovered in the two years prior to his release, and a strong case for having the conviction overturned on a Brady violation (in fact, the NJ Supreme Court had voted 4-3 against his appeal the year earlier, though the minority opinion is perhaps the single best writing on Brady violations), it was a basic violation of constitutional rights that resulted in Rubin Carter's immediate release.

Conservatives tend to dispise the "great writ," and they exaggerate its "abuse" to get guilty people off from legitimate convictions. In fact, if we look at just 1985 alone, we find that of the over 8000 habeas corpus petitions filed, some 97% were ignored.

Yet by the Clinton years, democrats caved in to the conservative efforts to restrict one of the most important safeguards of our constitutional rights. As it now stands, Rubin would not be allowed to even file his petition.
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bridgit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-05 05:33 AM
Response to Original message
2. no, imo here comes fascism because shawn hannity...
and his ilk have been bitching, pissing, moaning, belly aching, obfuscating, and yelling over the top of progressives without a retort for what is going on 13yrs now.

laying down while making itsy bitsy little inside, 'high' i.q. jokes will not suffice. the other side shows up to WIN; not to play. it's been rock'em sock'em fucking robots for too long. dem strategists need to roll up onto 'the bell curve' and give their candidates timely advise that sticks.

and yet here we are...
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txaslftist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-05 08:11 AM
Response to Original message
5. Here comes fascism?
Where have you been?

Fascism has been the norm for several years now. The government now has the ability to search your computer or your home without letting you know they've done it. They can go to the library with no probable cause whatsoever and look at your history of checking out books to see what seditious ideas might be in your head. They can look at your internet activities without a warrant or judicial authorization, too. The government feels free to regulate what you see on TV, what you hear on the radio and what appears in the online publications you read.

We've traded in our rights for "assurances" from the government that they won't abuse their new powers.

Fascism is here, or at least the legal groundwork has been laid.
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LifeDuringWartime Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-05 08:21 AM
Response to Original message
6. stupid school computers
Edited on Thu May-05-05 08:23 AM by LifeDuringWartime
edit: speaking of the government deciding what i can read in online publications


"Access Denied
The requested document, http://www.dailykos.com/story/2005/5/4/225014/9272, will not be shown.

Reason: DDR score = 70. This page will not be displayed because it contains prohibited words or it has exceeded its tolerance of questionable words. "


anybody care to sum it up? i hate this bullshit symantec filter.

edit: speaking of the government deciding what i can read in online publications
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Dave Sund Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-05 09:32 AM
Response to Reply #6
8. Well, it might be because there's a comma in the address
Edited on Thu May-05-05 09:33 AM by Dave Sund
Edit: Nevermind. I get what you're saying.
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Al-CIAda Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-05 08:54 AM
Response to Original message
7. Are your papers in order? n/t
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