Coastal
Post Online
May, 2003
The Perfect Storm Is Sinking The Constitution
By Jeanette Pontacq
The first time I heard the phrase habeas
corpus was while attending a retrospective of film noir from the 40s at the old
Surf Theater in San Francisco. The phrase seemed to pop up quite regularly in
murder mysteries in those days. Fast forward to the 21st Century, and habeas
corpus has become an unmentionable word in the corporate media.
Habeas corpus is Latin for "you
have the body." A writ of habeas corpus is a judicial mandate to a prison
official ordering that an inmate be brought to the court so it can be
determined whether or not that person is imprisoned lawfully and whether or not
he should be released from custody. It also serves as an important check on the
manner in which state courts pay respect to federal constitutional rights.
Habeas corpus is the cornerstone of western law (from 1679 AD) and the
foundation upon which the United States Constitution is built and endured so
long. It is what keeps each citizen from being "disappeared" at the
whim of government.
In the name of fighting terrorism,
the Bush Administration has unilaterally trashed it as so much useless garbage.
No, they didn't announce on Larry King Live that they were canceling it out of
western civilization. Instead, they simply ignored it and both refused a lawyer
and refused to state charges against an American citizen. Simply put, the
citizen has been "disappeared" into the custody of the United States
military.
This is the first time in our history
that such a thing has happened. The citizen in question is one Jose Padilla
(aka Abdullah al Muhahir), known in the press as The Dirty Bomber. He has not
been charged with any crime, although the Justice Department has publicly
accused him of planning to build and detonate a radioactive dirty bomb in the
US in partnership with al Qaeda leaders. They offer no proof of their claim,
only insisting that they have the right to keep Padilla in custody, without a
lawyer and without charges because of "terrorism." Whether or not
Padilla is guilty of this accusation is not as important as the fact that habeas
corpus has been negated for the first time, setting a dangerous and
unconstitutional precedent for each and every American from now on.
During previous wars, there were
cases of American citizens fighting for the enemy. When captured, each was
provided a lawyer and given a trial, with charges clearly stated. The concept
of habeas corpus was secure, as was the Constitution. But no more, if the Bush
Team has anything to do with it. A federal judge is now questioning the
government to show proof to continue to hold Padilla. Keep your fingers
crossed.
The corporate press never
substantively talks about how much of our Constitution has been trashed in the
name of the War on Terrorism. The negation of habeas corpus is only one of many
deadly assaults on our rights. Congressional Republicans are already working
with the Bush Administration to make permanent the sweeping anti-terrorism
powers granted to federal law enforcement agencies after 911 via the Patriot
Act. When it passed in October of 2001, moderates and civil libertarians in
Congress agreed to support it only by making critical provisions temporary
(i.e. to expire at the end of 2005 unless re-authorized by Congress). This
latest move would enshrine the assaults on our basic, Constitutional rights
forever.
And now the Bush team has come up with Patriot Act II, a further sledge
hammer approach that results in negating more rights of citizens to privacy,
free association, and free speech. Quite a few in Congress are balking, so key
provisions of the new Act are being tied to other legislation, under the radar.
If that isn't enough to make you gag, the Greens are seriously thinking of
putting up a candidate against imperfect Barbara Boxer... a move which will
throw the election to a Republican in a tight race. The Left's Circular Firing
Squad routine is once again in play.
The Perfect Storm has hit America: a
pliable, jingoistic corporate media; neo-conservative fundamentalists
controlling the executive branch; a disgracefully cowardly Congress and Democratic
Party; an American public easily manipulated by fear and patriotism; and a
fractured American Left still mired in the feel-good strategies of a quarter
century ago. It doesn't look good.