Oberstar defends habeas corpus

Dear True,

I'm one of those pesky people who is always writing letters to politicians or signing petitions. The only one who ever sends me personal replies is our own Jim Oberstar.

I am passing along the letter I received today about preserving the essential constitutional protection of habeas corpus:

Ms. Nancye Belding
P.O. Box 247
Grand Marais, Minnesota 55604-0247

Dear Ms. Belding:



Thank you for your expression of support for the restoration of habeas corpus rights for non-U.S. citizens. I agree that habeas corpus is a critical protection against arbitrary detention and is a fundamental human right.

I am pleased to advise you that I have cosponsored H.R. 1416, the Habeas Corpus Restoration Act, as well as H.R. 1415, the Restoring the Constitution Act. Both bills were introduced by Rep. Jerrold Nadler and seek to restore habeas corpus for individuals detained by the United States. H.R. 1416 seeks to repeal provisions of the Military Commissions Act that eliminates the jurisdiction of any court to hear or consider applications for writ of habeas corpus filed by detainees. H.R. 1415 is more comprehensive and provides for expedited judicial review of civil actions that challenge any provision of the Military Commissions Act. Both bills have been referred to the Committee on the Judiciary and the Committee on Armed Services for consideration. Companion bills are pending in the U.S. Senate.

I opposed the Military Commissions Act in 2006 because I believed the law violates constitutional protections and denied detainees habeas corpus rights. However, in February 2007 a federal appeals court ruled that Congress acted within its authority in barring legal challenges in U.S. courts from detainees imprisoned by the U.S. military at Guantanamo Bay, Cuba. Congress now has a unique opportunity, as well as a duty, to restore vital habeas corpus rights through passage of H.R. 1416 and H.R. 1415.

Rest assured that I will continue to support legislation that ensures the protection of individuals' due process rights.

If you would like to receive periodic e-mail updates on issues before Congress, please visit my Web site, www.house.gov/oberstar, and go to "subscribe."

With best wishes.
Sincerely,
James L. Oberstar, M.C.