Constitutional Law
Feb. 27, 2007
Military Commissions Act Disaster
Forum Column - By Stephen F. Rohde - By upholding the portions of the Military Commission Act that revoke habeas corpus for Guantanamo detainees, the District of Columbia Circuit made a great error, as a constitutional lawyer explains.
Stephen F. Rohde
Email: rohdevictr@aol.com
Stephen is a retired civil liberties lawyer and contributor to the Los Angeles Review of Books, is author of American Words for Freedom and Freedom of Assembly.
By Stephen F. Rohde
The writ of habeas corpus, traced to the Magna Carta of 1215, protects people from arbitrary arrest, disappearance and indefinite detention without charge. The U.S. Supreme Court has recognized that the "writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action" and must be "administered with...
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