Light reading: the transcript (PDF) of oral arguments before the Supreme Court in the cases of Boumediene and Al Odah vs. George Bush, regarding the habeas corpus rights of prisoners at Guantanamo. It's actually good stuff; I particular liked the dissection of minute details of cases from the 1700s. You can see more documents related to the cases here.
I did a double take when I saw this paragraph in a Washington Post story:
"Habeas is a judicial remedy," former solicitor general Seth P. Waxman, who will argue for the detainees, said in a brief. "It cannot be replaced by a process that (like the CSRT) is ultimately controlled by the jailer."
The position is supported by a long list of organizations that have filed briefs with the court on behalf of the detainees: Israeli leaders, who say that terrorism suspects in their country receive a detention hearing within 14 days; a group of 383 European parliamentarians; former U.S. diplomats; law professors; retired military leaders; and even Sen. Arlen Specter (R-Pa.), who voted for the Military Commissions Act and said at the time that the court could "clean up" the parts of the law he thought were unconstitutional.
I find it hard to believe that "Israeli leaders" would nosh the hand that feeds them by filing an amicus brief on behalf of the Guantanamo prisoners. The Post is probably referring to the brief described here, which is attributed to Israeli lawyers and military law experts--not the same thing as "Israeli leaders" by any stretch, of course. I can't find the actual brief in the list for either case, though; if you see it please do point it out.
The bit about Arlen Specter is amusing as well. Here's a longer version of his dog-leg maneuvering at the time of the vote:
Judiciary Committee Chairman Arlen Specter (R-Pa.) voted for the bill after telling reporters earlier that he would oppose it because it is "patently unconstitutional on its face." He cited its denial of the habeas corpus right to military detainees. In an interview last night, Specter said he decided to back the bill because it has several good items, "and the court will clean it up" by striking the habeas corpus provisions.
So Specter, who took an oath to "support and defend the Constitution," voted for legislation that he openly asserted was "patently unconstitutional on its face." At least we know who the Democrats should try impeaching after they get done with Bush and Cheney.
At the risk of repeating myself, I'd be remiss if I didn't point out that this is yet another instance
of the Center for Constitutional Rights and its associates dragging the
government before a court. Thanks again, lawyers!
(More fun with the judiciary here, if you're interested).