Fourth Circuit makes EXTREMELY important ruling on habeas corpus

Marty Lederman:

…more than four years ago military authorities seized an alien lawfully residing here. He has been held by the military ever since — without criminal charge or process. He has been so held despite the fact that he was initially taken from his home in Peoria, Illinois by civilian authorities, and indicted for purported domestic crimes. He has been so held although the Government has never alleged that he is a member of any nation’s military, has fought alongside any nation’s armed forces, or has borne arms against the United States anywhere in the world. And he has been so held, without acknowledgment of the protection afforded by the Constitution, solely because the Executive believes that his military detention is proper.

Judge Motz:

To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them “enemy combatants,” would have disastrous consequences for the Constitution — and the country. For a court to uphold a claim to such extraordinary power would do more than render lifeless the Suspension Clause, the Due Process Clause, and the rights to criminal process in the Fourth, Fifth, Sixth, and Eighth Amendments; it would effectively undermine all of the freedoms guaranteed by the Constitution. It is that power — were a court to recognize it — that could lead all our laws “to go unexecuted, and the government itself to go to pieces.” We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.

An important step towards reclaiming America from the crazies.

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Filed under Alberto Gonzales:boob or simpleton-you decide, Bill Kristol: is he smarter than you?, Dick Cheney: Hannibal Lector in disguise?, Fred Thompson: lost without a script, George W. Bush: is he really THAT bad?, Mitt Romney: double guantanamo, Politics, Rudy Giuliani: NYC doesn't even like him

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