The Voyage of Captain Obvious

Grading is satanic

Tuesday, February 20, 2007

Extremely, extremely problematic.

The D.C. court of appeals has voted to suspend habeus corpus for the Guantanamo detainees. This is a really bad idea for the following reasons:

  • The decision is based upon the 2006 Military Commissions Act which authorizes these indefinite detentions. But, these detentions happened before 2006. The U.S. Constitution explicitly forbids ex post facto laws. Applying a 2006 law to prevent the trial of people captured in 2002 is about as ex post facto as you can possibly get
  • Even if this isn't the case, the U.S. Constitution guarantees habeus corpus (the right to a hearing/trial) in all cases, except wartime.
  • There is no declaration of war. It is not wartime until there is actually a motherfucking declaration of war.
  • Thus, the 2006 Military Commissions Act is unconstitutional, and should be overturned

    What the fuck has happened to my country? Holding people indefinitely without charges is the type of thing that was once labeled as one of the atrocities that the states were fighting against.



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