Wednesday, December 05, 2007
Habeas Corpus
Habeas Corpus, produce the body, or evidence, is the essence of due process. That the detainees in Guantanamo have not had fair hearings at the military tribunals is evidenced by Murnat Kurnaz, a German who has been held there even after German Intelligence had declared that he was not a terrorist and American authorities agreed and were to release him in a few weeks, back in 2002.
He was not released until 2006, since he had been found and held as an enemy combatant after a subsequent military tribunal. See http://www.commondreams.org/archive/2007/12/05/5632/.
This is why the Supreme Court is hearing arguments regarding if the detainees have the right to a habeas corpus challenge to their imprisonment: Does the government have a valid basis for such imprisonment.
After the Supreme Court had previously ruled that the detainees had rights, since the naval base was functionally considered American territory, Congress quickly passed the Military Commissions Act. (Here is the White House Fact Sheet on the Act citation: http://www.whitehouse.gov/news/releases/2006/10/20061017.html). This act strips courts of the jurisdiction to hear detainees' habeas corpus cases.
This is what is before the Supreme Court today...the fundamental essence of due process.
He was not released until 2006, since he had been found and held as an enemy combatant after a subsequent military tribunal. See http://www.commondreams.org/archive/2007/12/05/5632/.
This is why the Supreme Court is hearing arguments regarding if the detainees have the right to a habeas corpus challenge to their imprisonment: Does the government have a valid basis for such imprisonment.
After the Supreme Court had previously ruled that the detainees had rights, since the naval base was functionally considered American territory, Congress quickly passed the Military Commissions Act. (Here is the White House Fact Sheet on the Act citation: http://www.whitehouse.gov/news/releases/2006/10/20061017.html). This act strips courts of the jurisdiction to hear detainees' habeas corpus cases.
This is what is before the Supreme Court today...the fundamental essence of due process.
Labels: due process, Guantanamo, Military Tribunals, Supreme Court
Tuesday, November 27, 2007
"An assault on the Poor"
"An assault on the poor" that is what dissenting judges said in the case of the San Diego's district Attorney's program "Project 100%" Project 100% was started to eliminate welfare fraud by conducting warrant less searches of homes of applicants for welfare--to make sure who was living there, including searching closets and cabinets. Those who denied entry to the agents/officers were denied assistance.
The Supreme Court yesterday refused a writ of certiorari ( to hear) a San Diego County case of unannounced warrant less searches of public assistance applicants or in other words no more 4th amendment rights if you are asking for help!
While most of us might say, well, they are poor and we do not want fraud. The fact is that they are still citizens. Though if they accept public housing they are subject to more warrant less searches courtesy of a HUD (Housing and Urban Development) Public Housing Act and a 2002 Supreme court case (HUD v Rucker) that allows for evictions if the guests of a tenant in public housing might have engaged in criminal activity on or off the public housing premises--or no more freedom of association.
Oh, but this is to keep them safe and orderly. And, if they only worked harder they would not be poor. . .You can work very hard at minimum wage and not make enough to survive (do the math: $7.15 times 40hours times fifty two weeks) How many jobs must they have at minimum wage to even reach the federal standard of paying 30% of their gross wages for housing (and utility) costs? Three full time jobs at minimum!
How far away are you from any governmental program? Could this happen to you?
The Supreme Court yesterday refused a writ of certiorari ( to hear) a San Diego County case of unannounced warrant less searches of public assistance applicants or in other words no more 4th amendment rights if you are asking for help!
While most of us might say, well, they are poor and we do not want fraud. The fact is that they are still citizens. Though if they accept public housing they are subject to more warrant less searches courtesy of a HUD (Housing and Urban Development) Public Housing Act and a 2002 Supreme court case (HUD v Rucker) that allows for evictions if the guests of a tenant in public housing might have engaged in criminal activity on or off the public housing premises--or no more freedom of association.
Oh, but this is to keep them safe and orderly. And, if they only worked harder they would not be poor. . .You can work very hard at minimum wage and not make enough to survive (do the math: $7.15 times 40hours times fifty two weeks) How many jobs must they have at minimum wage to even reach the federal standard of paying 30% of their gross wages for housing (and utility) costs? Three full time jobs at minimum!
How far away are you from any governmental program? Could this happen to you?
Labels: Fourth Amendment, poor, Supreme Court, warrantless searches
