Habeas Corpus Restoration Act of 2007
Encyclopedia
A bill, provisionally called the Habeas Corpus Restoration Act of 2007, , passed the United States Senate
Judiciary Committee on Thursday, June 7, 2007.
The bill was sponsored by Democratic Senator Patrick Leahy
and
(formerly) Republican Senator Arlen Specter
.
Specter joined the Democrats in supporting the bill, which the Committee passed on a vote of 11 to 8, without debate.
The bill would restore the right for Guantanamo captives to access the US court system under the principle of habeas corpus
, a right that had been stripped from them by the Military Commissions Act of 2006
.
A version of the bill has been introduced in the House of Representatives by Jerrold Nadler
(D-NY) and Jane Harman
(D-CA).
On June 29, 2007, the Supreme Court agreed to hear outstanding habeas corpus, opening up the possibility that they might overturn some or all of the Military Commissions Act.
The Act was attached, as an amendment, to a Defense bill.
On September 19, 2007, the Senate voted on a cloture
motion for including the Habeas Corpus Restoration Act as an amendment to the FY 2008 Defense Department Authorization bill. The final vote was 56-43, just four votes short of overriding the Republican filibuster. Every Democrat voted for the bill as well as six Republicans. Those Republicans were Sen. Chuck Hagel (R-Neb.), Richard Lugar (R-Ind.), Gordon Smith (R-Ore.), Olympia Snowe (R-Maine), John Sununu (R-N.H.), and Arlen Specter (R-Penn.), who sponsored the bill. The only non-Republican who voted against the bill was Sen. Joseph Lieberman (I-Conn.). Sen. Patrick Leahy (D-Vt.) stated that the Senate's passage of the Military Commissions Act, which suspended habeas corpus for detainees, "calls into question the United States' historic role of defender of human rights in the world. It accomplishes what opponents could never accomplish on the battlefield, whittling away our own liberties."
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Judiciary Committee on Thursday, June 7, 2007.
The bill was sponsored by Democratic Senator Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
and
(formerly) Republican Senator Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
.
Specter joined the Democrats in supporting the bill, which the Committee passed on a vote of 11 to 8, without debate.
The bill would restore the right for Guantanamo captives to access the US court system under the principle of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, a right that had been stripped from them by the Military Commissions Act of 2006
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
.
A version of the bill has been introduced in the House of Representatives by Jerrold Nadler
Jerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...
(D-NY) and Jane Harman
Jane Harman
Jane Margaret Lakes Harman is the former U.S. Representative for , serving from 1993 to 1999, and from 2001 to 2011. She is a member of the Democratic Party....
(D-CA).
On June 29, 2007, the Supreme Court agreed to hear outstanding habeas corpus, opening up the possibility that they might overturn some or all of the Military Commissions Act.
The Act was attached, as an amendment, to a Defense bill.
On September 19, 2007, the Senate voted on a cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
motion for including the Habeas Corpus Restoration Act as an amendment to the FY 2008 Defense Department Authorization bill. The final vote was 56-43, just four votes short of overriding the Republican filibuster. Every Democrat voted for the bill as well as six Republicans. Those Republicans were Sen. Chuck Hagel (R-Neb.), Richard Lugar (R-Ind.), Gordon Smith (R-Ore.), Olympia Snowe (R-Maine), John Sununu (R-N.H.), and Arlen Specter (R-Penn.), who sponsored the bill. The only non-Republican who voted against the bill was Sen. Joseph Lieberman (I-Conn.). Sen. Patrick Leahy (D-Vt.) stated that the Senate's passage of the Military Commissions Act, which suspended habeas corpus for detainees, "calls into question the United States' historic role of defender of human rights in the world. It accomplishes what opponents could never accomplish on the battlefield, whittling away our own liberties."
See also
- Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other DetaineesMilitary Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other DetaineesMilitary Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees is the full title of a United States Army regulation usually referred to as AR 190-8, that lays out how the United States Army should treat captives....
- Guantanamo Bay captives habeas corpus