[Vision2020] Habeas Corpus at Bagram

[bear at moscow.com]

On April 27, 1861, habeas corpus was suspended by President Abraham Lincoln in Maryland 
and parts of midwestern states. It does some good to actually look at what Lincoln wrote
ESPECIALLY the line in the second part when the phrase "during the rebellion" is used. GWB
and 
his ilk  NEVER specified a time period, PLUS it specifies "and liable to trial and
punishment by 
courts-martial or military commission." When  texas George and his gang tried to pull this
off, 
there were NO courts-martial or military commissions to give the prisoners a trial.


"Whereas, It has become necessary to call into service, not only volunteers, but also
portions of 
the militia of the States by draft, in order to suppress the insurrection existing in the
United 
States, and disloyal persons are not adequately restrained by the ordinary processes of
law 
from hindering this measure, and from giving aid and comfort in various ways to the 
insurrection. Now, therefore, be it ordered, that during the existing insurrection, and as
a 
necessary measure for suppressing the same, all rebels and insurgents, their aiders and 
abettors within the United States, and all persons discouraging volunteer enlistments,
resisting 
militia drafts, or guilty of any disloyal practice affording aid and comfort to the rebels
against 
the authority of the United States, shall be subject to martial law, and liable to trial
and 
punishment by courts-martial or military commission.
Second: That the writ of habeas corpus is suspended in respect to all persons arrested, or
who 
are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp,
arsenal, 
military prisons, or other place of confinement, by any military authority, or by the
sentence of 
any court-martial or military commission.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States
to be 
affixed. Done at the City of Washington, this Twenty-fourth day of September, in the year
of 
our Lord one thousand eight hundred and sixty-two, and of the Independence of the United 
States the eighty-seventh.
ABRAHAM LINCOLN. By the President.
WILLIAM H. SEWARD, Secretary of State."

-------------------------------------------------------------------------------
> It was during a time of armed insurrection, as specified in the
> Constitution. The United States was rife with traitors, both to our
> principles and to our government. He did what was necessary. Even accepting
> the counterfactual that 9/11 was an armed insurrection, the Constitution
> cannot possibly permit the indefinite suspension of habeas corpus during a
> permanent war.
> 
> -- ACS
> 
> On Fri, Feb 27, 2009 at 10:36 AM, lfalen <lfalen at turbonet.com> wrote:
> 
> > Joe
> > What do you think os Lincoln's suspension of Habeas Corpus?
> > Roger
> > -----Original message-----
> > From: Joe Campbell philosopher.joe at gmail.com
> > Date: Wed, 25 Feb 2009 18:05:13 -0800
> > To: Andreas Schou ophite at gmail.com
> > Subject: Re: [Vision2020] Habeas Corpus at Bagram
> >
> > > FYI Hilary Bok is a philosopher. Works in free will, which is the same
> > > area I work in.
> > >
> > > Joe Campbell
> > >
> > > On Feb 24, 2009, at 7:35 PM, Andreas Schou <ophite at gmail.com> wrote:
> > >
> > > > Hilary Bok at the Washington Monthly has the best piece I've seen
> > > > about the habeas corpus rights of prisoners at Bagram. The previous
> > > > administration's too-clever-by-half reading of U.S. v. Eisentrager
> > > > (the case upon which the detention regime at Guantanamo) has led to
> > > > some serious, and intentional, confusion of the respective
> > > > jurisdictions of our military and federal courts.
> > > >
> > > > http://www.washingtonmonthly.com/archives/individual/
> > > > 2009_02/017017.php
> > > >
> > > > This article pretty much sums up what I think about Bagram.
> > > >
> > > > -- ACS
> > > > 
=======================================================
> > > > List services made available by First Step Internet,
> > > > serving the communities of the Palouse since 1994.
> > > >               http://www.fsr.net
> > > >          mailto:Vision2020 at moscow.com
> > > > 
=======================================================
> > >
> > >
> >
> 





---------------------------------------------
This message was sent by First Step Internet.
           http://www.fsr.com/