Thank you. Thank you. Thank you. We so desperately need clear statements like this on such a fundamental issue.

There was something so fishy about it all at the time-- especially the timing, and making it retroactive-- exempting any of the possible big players from any consequences.

It seemed then like a pre-emptive way to pardon anyone who had already done anything wrong.

That "pre-emptive pardon" probably cannot be undone, but perhaps instead of beginning with legislation, there should be another set of investigations/hearings to uncover exactly what was going on, and exactly WHY getting rid of habeas corpus (in the way that they did) was such a big deal.

The advantage of investigations and hearings is that they offer a greater opportunity for educating the public, since they get different coverage than does a bill being introduced. And sometimes there's a bit more drama. And, there is always the "benefit" of exposing BushCo's and the GOP's motives for what they really are.

These posts of Glenn's are great because they are like preludes of the action to come... as in "the past is prelude." Posts such as these help to set the stage for change.

Can I yell "Fire" in a theater too?

The hallmark of someone with no argument is someone who spouts that wretched clice. I don't know who first said that but whoever it is deserves substantial punishment in the afterlife.

Sometimes you have to make a choice - and the simple one here is: "War or Police Action?"

We have a mechanism under our Constitution for how a "war" is declared. That's when Congree declares one.

And according to the advocates of the "war," this "war" is supposed to last for decades, at least. That means fundamentally changing our country not temporarily, but permanently, and keeping people imprisoned for life without charges. If that's the type of country you like, then you are the type of person that the Founders of the country waged war in order to avoid.

If it is the latter - then give Habeas Corpus to all of the guys in Guantanamo and let the Zakarias Mousawi type trial circus begin for all of these men. That should tie up the Federal Bench for a few years.

Of all the misinformed and just plain stupid arguments that we're subjected to, the idea that our federal courts, with tens of thousands of cases, are going to be "flooded" by granting due process rights to Guantanamo detainees -- who number in the hundreds -- is, I think, the single most misinformed.

Also, our courts are really busy, so we should allow the police to start entering our homes without warrants so that those nice judges aren't so burdened by the warrant process.

Of course, there will be few trials because when the defendants start finding out who their accusers are (especially the ones overseas) they will be killed and their testimony made invalid. This is one of the reasons you never saw trials of spies during the cold war too - you risked losing your sources.

Presumably, any "accusers" of terrorists are themselves terrorists, which is how they are able to come into possession of information about other terrorists. Therefore, they are likely already in U.S. custody, or they ought to be.

But if it is a war - then pass a law to have some kind of military trials with enhanced evidence rules. But don't pretend that this is just a normal case for the bench.

The MCA has nothing to do with the difference between civilian and military tribuinals, because nothing in the MCA requires a military trial in order to detain people indefinitely. Under the MCA, the President can detain people indefinitely without any meaningful process. That's the whole point.

(and now and then, even an R or two) are talking about "restoring habeus", but it's a day late and a dollar short, ya know?

For the entire term of the Bush Regime so far, a majority of Congress, and frequently the courts as well, have bent over backwards to enable the overthrow of the Republic and its replacement with an Autocracy. The Public has been ill-informed at best about what's been going on, but even the little information they've received on a sporadic basis has alarmed them. There is a long chain of opposition among the Public, and endless demands placed on elected officials not to go along with the Regime's nefarious plots and plans, and yet, strangely, the voice of the Public goes unheard and unheeded. Even now the Public outrage at the continuing occupation of Iraq -- among many, many other issues -- is widely described as, and considered to be, a matter of "special interest pleading" that must be "balanced" with the Autocrat's will.

Let's say that by some happenstance habeus is "restored" through the efforts now going on, and to go farther, let us say that the Congress actually votes to "restore" the Consitutition to primacy over the Autocracy that up to now the Congress has been more than happy to enable.

Then what? Does the Autocracy wither? Does anyone seriously believe it will? I don't. More than likely what will happen is that there will be much parading around and blaring of trumpets and public worship of the "restored" Constitution, but nothing will actually have been "restored" at all.

Remember that prior to the lawless installation of the Bush Regime, extraordinary abuses of law and the Constitution were conducted routinely, culminating with the impeachment of President Clinton, all (supposedly) under "the Rule of Law" and the Constitution.

No, these were egregious abuses of the Law and the Constitution, and merely saying Law and the Constitution are now "restored" does not in any way either return us to some figmentary better time of law and justice or in fact restore a self-governing Constitutional Republic.

For one thing, note that the only Presidential candidates actually making any kind of effort to address the concepts of Law and the Constitution are those on the fringe, Kucinich and Paul for the most part. The other candidates either forcefully press for even more Autocracy (like Giuliani, for example), or are completely silent on the matter (pretty much the entire Democratic field.) Looks like they just don't want to have this discussion, there are so many More Important Things After All.

It's gonna take a lot more than hearings to fix what's been done to this country.

A lot more.