Misblog

Originally Published October 03, 2006; Updated and Republished July 11, 2008; Updated and Republished November 20, 2008:

Lawyers, in a direct challenge to the habeas corpus provision of the Military Commissions Act 2006 (aka "In Torture We Trust Act 2006" or "America the Torturer Act 2006"), have filed lawsuits on behalf of detainees being held at Bagram Air Base in Parvan, Afganastan. This lawsuit is a direct challenge to the habeas corpus section of this disastrous piece legislation, even before Bush has signed it!

Abu Ghraib

Judge Leon

The Washington Post is reporting that the case has been assigned to Judge Richard J. Leon. This is the federal judge that wrote in Khalid v Bush, another detainee habeas corpus case, on January 21, 2005: "Thus, until Congress and the President act further, there is similarly no viable legal theory under international law by which a court could issue a writ [of habeas corpus]"

In addition to the U.S. Constitution and Rasul v Bush he now has Hamdan v Rumsfeld, the "In Torture We Trust Act 2006" and a detainee location (Bagram detainees v Guantanamo detainees) closer to the actual fighting.

Link to Misblog's Who Will Stop The Torture

Web:

• UPDATED 11/20/2008 NYT, Judge [Leon] Orders Five Detainees Freed From Guantánamo. The Guantánamo release drips begin to flow.¹

• UPDATED 07/11/2008 Reuters, Judge [Leon] wants to decide Guantanamo cases this year.

  "This is going to be moved as fast as possible," U.S. District Judge Richard Leon told lawyers for the prisoners and the U.S. Justice Department. "These men have waited long enough to get a decision."--Reuters--

• Center for Constitutional Rights - Challenges to "America the Torturer Act 2006"
• Congressional Research Report for Congress Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Blog:

• Jurist - Afghan Detainees Launch Challenge

-----notes-----

1. China's Emperor Kuang-wu issued the following edict (circa CE 31):

"Those officials and people who, during [Emperor] Mang Wang's time, [CE 9 - 23] were seized and became slaves not in accordance with the former laws, are all freed and made commoners."--C. Martin Wilbur, Slavery In China..., 1968--

The near universally hated, despised, and subsequently killed Mang Wang tried to confiscate the Chinese people's money by forcing them to exchange heavier five-chu metal coins for lighter ones—pocketing the difference! (He also tried to restrict and limit the use of slaves which pissed-off China's elite, second only to the government in number of slaves owned.)

The clever Chinese, instead of exchanging their heavy coins began melting them and making (counterfeited) the lighter coins, thereby retaining the difference for themselves!

Needless to say the emperor wasn't happy, so he began arbitrarily arresting, executing, jailing, and enslaving entire families and neighborhoods (a neighborhood typically had five or so families) by the thousands!

Kuang-wu wisely pardoned those still alive after the unbelievably brutal, incompetent, and murderous reign of Emperor Mang Wang (millions of Chinese perished during his reign).