Restoring Habeas Corpus

I can't believe this is even necessary in the United States, but it deserves all of our support:

Senators Leahy and Specter have introduced the Habeas Corpus Restoration Act (S. 185). The legislation restores habeas rights to foreign nationals who are detained as enemy combatants or who are awaiting determination of their combatant status. It's a critical piece of legislation to undo the most egregious wrong of the Military Commissions Act. The bill is going to be marked up in the Judiciary Committee tomorrow.

Senator Leahy is asking for our help in garnering support for the legislation:

Many of you may recall the hasty passage of the Military Commissions Act in the weeks leading up to last year's election, a bill that set new rules for trying detainees, in particular those currently being held at Guantanamo Bay in Cuba.

The passage of this bill was a profound mistake, and its elimination of habeas corpus review was its worst error. Righting this wrong is one of my top priorities, and on the first day of this Congress I joined with Senator Arlen Specter to introduce the Habeas Corpus Restoration Act (S. 185). This bipartisan bill already has 17 cosponsors, but it faces a crucial vote in the Judiciary Committee this Thursday so we need your help.

Please e-mail your home-state Senators today and urge them to protect our fundamental liberties by supporting the Habeas Corpus Restoration Act!

This has become necessary.

UPDATE: Andrew Sullivan reminds us that Edmund Burke is on our side:

My opposition to suspending habeas corpus, to the military commissions farce, and to torture has had many label me a liberal. Well, if Burke was a liberal, then count me in:

The Letter to the Sheriffs of Bristol is a simple document – the transmission to two law-enforcement officers of his constituency of an act that the government of Lord North has put to Parliament. The act suspended the great writ of habeas corpus - not for the good burghers of Bristol, of course, but only for a group of murderous insurrectionists who then stood in open and bloody revolt against their lawful sovereign. And the act went further, namely, it provided that these miserable wretches, whose insolence and defiance now extended to the seas, could be labeled enemy combatants pirates at the King’s discretion, and thus robbed of the right to be tried in courts. They would be dealt with in a summary fashion by the King’s military. And the act also provided that these miscreants could be transported across the ocean to England and held there to await their summary disposition – a step which justified the suspension of habeas corpus, since otherwise an English court might demand an accounting for their brutal treatment and incarceration. And there was no doubt as to the brutality of that treatment – these wicked enemies were left rotting in ship hulks and were succumbing to pestilence and malnutrition by the hundreds already.

Burke was not a man to be taken in by such demonization, least of all by the likes of Lord North, and he registered his sharpest opposition to what was being done.