Outside Shots and Partisanship

The restoration of habeas corpus crosses ideological lines.  The Chairman of the American Conservative Union, David Keene and former legal adviser to the Bush administration William H. Taft IV are both on board.  And so are some right-wing bloggers, like Right-Thinking from the Left Coast,

How fucking pathetic is it that the Democrats, the fucking DEMOCRATS, the party who I have seen wiping its ass with the Constitution for most of my lifetime, working to restore habeas corpus rights to Americans...I've often parodied Howard Dean by saying that I hate the Democrats and everything they stand for.  Well, if they have the balls to stand up to the fucking Bush Republicans and officially restore canonical law then I say "You go, girl!"

Though it's not an ideological issue, it is a partisan issue because of the authoritarian worship of Bush on the right.  He can do no wrong, and therefore the Military Commissions Act was a perfect law to pass.  Putting lawmakers on the spot is a great way to wedge conservatives.  Anyway, here's The Hill reporting on what's going on today with the DoD authorization bill.

The new chairman of the House Armed Services Committee dealt a blow to the human-rights community by failing to include provisions to overhaul GOP legislation governing military tribunals in the 2008 defense authorization bill.

The chairman's move is attracting criticism from some who say Democrats' dedication to the issue is wavering.

Scores of human-rights lawyers and attorneys representing military detainees at Guantánamo Bay, Cuba, have targeted Rep. Ike Skelton's (D-Mo.) defense authorization bill as a chance to restore the writ of habeas corpus -- detainees' right to challenge the legality of their detention in court.

Skelton said he has prepared separate legislation and is planning to work with Democratic leadership, the Judiciary Committee and members of the Armed Services panel to bring a stand-alone bill to the floor. House Speaker Nancy Pelosi (D-Calif.) is supporting Skelton's efforts to move forward with a stand-alone bill, according to a Pelosi aide.

Skelton doesn't want a showdown with Bush on the legislation, and he doesn't want the bill to pass along partisan lines.  The Hill also reports that Carl Levin doesn't have the votes to restore habeas corpus in the Senate for his version of the DoD authorization bill.  

I don't see how a separate bill solves any of these problems in terms of restoring habeas corpus.  I do see how it relieves pressure on Chairman Skelton and the House leadership to do anything meaningful about habeas corpus.  The only way this is moving is to get members on the record, and engage with some serious lobbying and grassroots pressure.  This fear of standing on principle is really out of control.



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Gotta figure chairmen's psychology (none / 0)

Skelton is 75 (really), he's been in the minority for 12 years, and now suddenly he's HASC chairman.

And the defense authorization is the HASC chairman's annual Big Thing.

And this is Skelton's first Big Thing.

And they're asking Skelton to screw up his Big Thing - getting filibustered, drawing a veto, and so forth - all for a political stunt that will go nowhere, get loadsa folk press and kudos, and be the very polar opposite of government, which is the game that, at long last Skelton finds himself in.

As pants the hart for cooling brook, Skelton - and other chairmen with juicy-looking bills that bomb-throwers might target - want to be left to enjoy their spoils.

Like I said, all that's looking from Skelton's viewpoint...


by skeptic06 on Thu May 10, 2007 at 09:32:27 AM EST

Re: Outside Shots and Partisanship (none / 0)

I support having the Habeas corpus Bill being brought out separately. It is a very important issue and deserves its own debate.


by JustaDem on Thu May 10, 2007 at 10:41:28 AM EST

Re: Outside Shots and Partisanship (none / 0)

It is a very important issue. That's why it deserves to be attached to another bill and given a chance to actually pass. Having a debate on a standalone bill and posturing does nothing to restore the rule of law or help the prisoners who are languishing in limbo.

DC Drinking LiberallyDC for Democracy

by KCinDC on Thu May 10, 2007 at 11:04:59 AM EST
[ Parent ]

Re: Outside Shots and Partisanship (none / 0)

I can see certain advantages of having a standalone Habeas Bill; imagine the specticle of having the "democrat" congress call prominent conseratives to testify in favor of restoring habeas. At the same time, the bill will be vetoed, those supporting it will be accused of "wanting to protect terrorists more than the american people", and the right wing fear machine will be in take no prisoners mode.

I am somewhat courious as to what the motiviation is for not attaching it as amendment, but as usual, i'm sure the leadership knows/is thinking something i'm not aware of. Maybe they'd rather fight the Iraq battle now, and deal with this at a better time. It is clear, though, that the only way this has a chance of not meeting a veto is by attaching it to some "must pass" legislation, if any even exists.


by bjschmid on Thu May 10, 2007 at 10:57:49 AM EST

Re: Outside Shots and Partisanship (none / 0)

This is a travest. Who's responsible for this not getting attached to Defense appropriations?


by bbond on Thu May 10, 2007 at 01:00:02 PM EST

Re: Outside Shots and Partisanship (none / 0)

It doesn't help to jump off the handle with things like "I do see how it relieves pressure on Chairman Skelton and the House leadership to do anything meaningful about habeas corpus.  The only way this is moving is to get members on the record, and engage with some serious lobbying and grassroots pressure.  This fear of standing on principle is really out of control."

The leadership, specially Pelosi, are people who are just as principled as you are. To say that they don't want to do "anything meaningful" is beyond insulting.

Short-term tactical decisions are just that. There is far more common ground on this than you give the leadership credit for. Give your leadership the room they need to maneuver, and give them support. Of course it's proper to argue for your priorities - but you don't help our common cause by demeaning our allies.


by camilow on Thu May 10, 2007 at 01:35:04 PM EST


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