In another sign of shifting ground in the post-election Congress, Senators Arlen Specter and Patrick Leahy yesterday introduced the “Habeas Corpus Restoration Act of 2006,” which would reinstate federal court jurisdiction over Guantanamo detainees and other suspected enemy combatants.
The bill would repeal two provisions of the Military Commissions Act of 2006 enacted in September that limit habeas corpus. “Habeas corpus” refers to the ability of a detainee to seek judicial review of his case.
“The Constitution of the United States is explicit that habeas corpus may be suspended only in time of rebellion or invasion,” observed Sen. Specter. “We are suffering neither of those alternatives at the present time. We have not been invaded, and there has not been a rebellion.”
“This bill would restore the great writ of habeas corpus, a cornerstone of American liberty for hundreds of years that Congress and the President rolled back in an unprecedented and unnecessary way with September’s Military Commissions Act,” said Senator Leahy.
See the introduction of the Habeas Corpus Restoration Act here.