It was a close call, but on a 2-1 decision June 11 by a panel of the 4th Circuit Court of Appeals preserved the Constitution — at least for now — by saying that even “criminal civilians” can’t be held indefinitely in military detention. In other words, the basic habeas corpus right has survived — for the Bush regime to fight against another day.
Read the brilliant opinion in al-Marri v. Wright penned by Judge Diana Gribbon Motz, and check out the dissent, which is tacked on to the same document.
The 4th Circuit, based in Richmond, Virginia, isn’t exactly the most liberal appellate court. Far from it, in fact. But Motz’s opinion speaks loud and clear, at least (as I said yesterday) for now:
The judge wound up agreeing with lawyer Jonathan Hafetz of NYU’s Brennan Center for Justice, which tackles lots of fascinating constitutional issues. Check this Brennan Center page for background of the case. And just in case you’ve forgotten that habeas is so important that it’s actually written into the Constitution, see Hafetz’s Ten Things You Should Know About Habeas Corpus. Speaking of yesterday’s decision, Hafetz noted:
Just for good measure, here’s another morsel from Motz:
We refuse to recognize a claim to power that would so alter the constitutional foundations of our republic.
The case is a flash point for the conflict between Dick Cheney‘s — I mean, the president’s — power and the rights guaranteed by the Constitution.
Almost as interesting (and heartening) as Motz’s opinion was the amicus brief filed last November in the case by a gaggle of former Justice Department officials (including Janet Reno). As the excellent Jurist site reported at the time, those people argued that
Yeah, and don’t you forget it.