Twenty-Two Democratic Senators Support Restoring Habeas Corpus -- Where's the Rest?

[Bob Geiger]

When the Senate returns from recess on July 9, they will turn their attention to the Department of Defense authorization bill and, among what I'm sure will be a flurry of amendments, will be S. 185, a bill to "…restore habeas corpus for those detained by the United States."

For some reason, standing up for our country's creed can be tough for some politicians, and it will be instructive to see who in the Senate will move to reverse the Bush administration's trampling of our Constitution and who will stand idly by as we lose more of our national identity and witness further erosion of our global reputation.

Senator Debbie Stabenow (D-MI) signed on last week to cosponsor S.185, the Habeas Corpus Restoration Act of 2007, which made me go do a quick review of where we stand with demonstrable support for this vital measure.

The bill passed through the Senate Judiciary Committee by a vote of 11-8 earlier this month and has the following 22 Democratic Senators committed to cosponsoring the bill to restore the Constitutional protection of habeas corpus:

• Joe Biden (D-DE)
• Jeff Bingaman (D-NM)
• Barbara Boxer (D-CA)
• Sherrod Brown (D-OH)
• Maria Cantwell (D-WA)
• Ben Cardin (D-MD)
• Hillary Clinton (D-NY)
• Chris Dodd (D-CT)
• Dick Durbin (D-IL)
• Russ Feingold (D-WI)
• Dianne Feinstein (D-CA)
• Tom Harkin (D-IA)
• Ted Kennedy (D-MA)
• John Kerry (D-MA)
• Frank Lautenberg (D-NJ)
• Patrick Leahy (D-VT)
• Carl Levin (D-MI)
• Barack Obama (D-IL)
• Jay Rockefeller (D-WV)
• Ken Salazar (D-CO)
• Debbie Stabenow (D-MI)
• Sheldon Whitehouse (D-RI)

These Democrats were joined by Independent Bernie Sanders of Vermont in supporting S. 185.

"Habeas corpus was recklessly undermined in last year’s legislation. I hope that the new Senate will reconsider this historic error in judgment and set the matter right," said Patrick Leahy in the June 7 Judiciary Committee hearings. "Like the internment of Japanese Americans during World War II, the elimination of habeas rights was an action driven by fear and another stain on America’s reputation in the world."

"Whatever long-term counterterrorism strategy America pursues, it will be undermined if we fail to adhere to our longstanding American value," said Russ Feingold in the same Judiciary hearings. "We cannot begin to make a dent in terrorist recruitment and plotting worldwide without sending a clear message that the United States will adhere to the principles that make our country great."

So, with 22 Democratic Senators supporting the restoration of habeas corpus, the logical question that follows is where are the others on something this central to true American values?

It's one thing, though not necessarily the right thing, for a Gulf Coast Senator to shy away from openly supporting an oil-drilling ban or a Michigan lawmaker to balk at anything that might hurt the auto industry, but restoring rights that Team Bush has gutted from our Constitution seems like something that should get unanimous support -- at least among members of the Democratic party.

Here's the list of Democratic Senators who need to hear from you. Even if they intend to vote for the Habeas Corpus Restoration Act of 2007 when it comes to the Senate floor next month, they need to be pushed further to stand up and cosponsor this important component in taking back our country:

• Daniel Akaka (D-HI)
• Max Baucus (D-MT)
• Evan Bayh (D-IN)
• Robert Byrd (D-WV)
• Thomas Carper (D-DE)
• Robert Casey (D-PA)
• Kent Conrad (D-ND)
• Byron Dorgan (D-ND)
• Daniel Inouye (D-HI)
• Amy Klobuchar (D-MN)
• Herb Kohl (D-WI)
• Mary Landrieu (D-LA)
• Blanche Lincoln (D-AR)
• Claire McCaskill (D-MO)
• Robert Menendez (D-NJ)
• Barbara Mikulski (D-MD)
• Patty Murray (D-WA)
• Ben Nelson (D-NE)
• Bill Nelson (D-FL)
• Mark Pryor (D-AR)
• Jack Reed (D-RI)
• Harry Reid (D-NV)
• Charles Schumer (D-NY)
• Jon Tester (D-MT)
• James Webb (D-VA)
• Ron Wyden (D-OR)

Tim Johnson (D-SD) is still recovering from a brain hemorrhage but may be able to come in for a close vote and, what the heck, you might even want to try giving Joe Lieberman's office a call to see if he wants to start doing the right thing.

Today is the American Civil Liberty Union's "Day of Action to Restore Law and Justice" and it's the day to call on Congress to restore habeas corpus, fix the Military Commissions Act, end torture and rendition and restore our Constitutional rights.

Calling your Senators and making sure your voice is heard on the importance of restoring habeas corpus is a good place to start. Here's the toll-free number to dial at the U.S. Capitol: 800-862-5530. Just call and ask to be connected to your Senator's office. If you get a chronic busy signal -- which is very possible today -- you can see a directory of direct lines to Senate offices here.

Let's get going. The world is watching.

You can read more from Bob at BobGeiger.com.

Update: Christy Hardin Smith and the gang at Firedoglake are going to be keeping an eye on how this goes all day today. Please visit them for more.

Clarification Update: I've gotten quite a few e-mails from people asking if it's possible for Senators to not cosponsor the bill, but still support it and vote for it. Yes, that is entirely possible. But cosponsoring the legislation ramps up the level of commitment and, for something that strikes to the core of American values like this, we should expect all Democrats to lead and not just follow.

[babylonsister]

1. Rec'd! Excellent question! nt

[William769]

2. Do they all have to be a cosponsor?

Or when it comes up for a actual vote and they vote to Restore Habeas Corpus good enough?

[liberal N proud]

7. Good point

Usually there is one or two cosponsors on bills, So this would be a good thing there are 20+ Senators cosponsoring the bill.
It would be even better if they all were cosponsoring as the message would be loud and clear. But I will be happy if they ALL vote to restore Habeas Corpus.

[madfloridian]

3. Bill Nelson commit to something?

I did find something he is committed to, and it infuriates me. Instead of taking firm stands on important issues, he is trying to make Governor Dean look bad because Florida broke the rules of the primary and Dean didn't.

Now that's Bill Nelson for you. Commit? Not to something important. Not the war, not the bankruptcy bill, not the judges, not anything.

Bill worries more about Republicans than Democrats. :-(

[William769]

4. Well in his defense I know of 32 Democrats he has helped personally in Lee County.

Me being one of them. And yes I do think of myself as important, as I am sure the other 31 Democrats feel also.

[madfloridian]

6. He likes to help Dems give a hand up.

And usually they end up voting the way he does. Not always, but usually.

He just doesn't listen to his constituents. He votes more as the Republicans would want him to do.

Haven't seen polls on him in a while, but many showed him favored more by Republicans than Democrats...one was a 52 to 47% margin...with Republicans being the 52%.

But that's Florida for you.

He may actually vote against restoring habeas if he feels it will keep us from looking strong on National Security.

And he needs to not be so critical of the DNC and Dean since it is our state that broke the rules to begin with....with Jeremy Ring leading the way.

[HooptieWagon]

20. true that

He's actually a pleasant guy to talk to, but his voting record is almost as bad as Lieberman's...

[Demeter]

5. Amazing List of Quislings There

quis·ling (kwĭz'lĭng)
n.
A traitor who serves as the puppet of the enemy occupying his or her country.

[glitch]

13. I admit I am surprised at a couple of the names. Byrd, Reid, Murray? WTF?

Not that they've been perfect, but this is a new low.

[ninkasi]

8. The world is, indeed, watching

Are we going to allow the centuries old writ of habeas corpus to be done away with, and watch every single one of our civil rights destroyed? If we don't restore the writ, we are finished as a democracy. The rest of the world has nothing but contempt and hatred for us now. I don't hate America, as the wing-nuts like to say, I love my country too much to watch it crumble, and be destroyed by Bush and the neocons.

[midnight]

9. Bob tell me why Herb Kohl is on this list. I know he was on the

Judiciary committee that voted in favor of restoring Habeas Corpus on June 7th. Maybe I looked at this incorrectly if I did sorry, but I would like to know what you think-thanks.

[blueraven95]

10. I just called Mikulski's office

The woman who answered the phone said they had been getting lots of calls - so hopefully that's a good sign.

[madfloridian]

11. 5 of the 6 Third Way think tank Senate leaders are on the 2nd list.

Salazar is on the first list, but the others are not committed.

http://www.third-way.com/leadership/senate_chairs

Lincoln, Bayh, Carper, Pryor, McCaskill (new to the list...no more donations from this progressive)

[slipslidingaway]

12. FWIW, from the office of Senator Menendez...he is a cosponsor

on another bill S 576.

S.576
Title: A bill to provide for the effective prosecution of terrorists and guarantee due process rights.
Sponsor: Sen Dodd, Christopher J. (introduced 2/13/2007) Cosponsors (12)
Related Bills: H.R.1415
Latest Major Action: 2/13/2007 Referred to Senate committee. Status: Read twice and referred to the Committee on Armed Services.
--------------------------------------------------------------------------------
SUMMARY AS OF:
2/13/2007--Introduced.

Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things: (1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilian military defense counsel; (2) exclude statements made by coercion; (3) authorize the Secretary of Defense to make exceptions to commission procedures and rules of evidence as required by unique circumstances of military or intelligence operations during hostilities; (4) provide for self-representation by the accused, while requiring assistance by military defense counsel; (5) authorize the military judge to order trial counsel to disclose to defense counsel the sources, methods, or activities in which witnesses or evidence against the accused was obtained; (6) require commission decision review by the U.S. Court of Appeals for the Armed Forces rather than by the Court of Military Commission Review; (7) provide the scope of review of detention-related decisions; (8) repeal a provision of the Military Commissions Act of 2006 prohibiting invoking the Geneva Conventions (Conventions) or similar protocols in any habeas corpus or other action to which the United States is a party; (9) require the President to notify other parties to the Conventions that the United States expects members of U.S. Armed Forces and other U.S. citizens detained in a conflict not of an international character to be treated in a manner consistent with the Conventions; (10) include as War Crime offenses the denial of trial rights and the imposition of cruel, inhuman, or degrading treatment or punishment; (11) restore habeas corpus for individuals detained by the United States; and (12) provide for expedited judicial review of civil actions that challenges any provision of the Military Commissions Act of 2006.

COSPONSORS(12), ALPHABETICAL : (Sort: by date)

Sen Bingaman, Jeff - 3/28/2007 Sen Boxer, Barbara - 2/28/2007
Sen Brown, Sherrod - 4/10/2007 Sen Feingold, Russell D. - 2/13/2007
Sen Harkin, Tom - 3/26/2007 Sen Kennedy, Edward M. - 2/26/2007
Sen Lautenberg, Frank R. - 2/26/2007 Sen Leahy, Patrick J. - 2/13/2007
Sen Menendez, Robert - 2/13/2007 Sen Mikulski, Barbara A. - 3/1/2007
Sen Sanders, Bernard - 3/26/2007 Sen Wyden, Ron - 6/14/2007

[KoKo]

14. Surprised about Byrd, Tester, Wyden (one of most liberal) and Webb on this.

Byrd in particular should be on the Senate floor talking about "The Great Writ." Can't see anything that would keep him politically from not being on that list. Also Dan Inouye whose liberal.

[CabalPowered]

16. Ya whatsup with Wyden

:shrug:

[redqueen]

15. K&R!

I am growing more cyinical by the day.

Why hasn't this been done already? *sigh*

[BuyingThyme]

17. I don't support restoring habeas corpus.

I support reaffirming it, and belittling the people who believed they had the right to take it away.

[sampsonblk]

21. Count me in!

Exactly what I was thinking.

[The Wielding Truth]

18. Sending my senator this:

I ask that you support Habeas Corpus as written in the constitution. Please stand up and be counted as, my vote, in the senate.

The rights of individuals are the sacred thread that mends and secures this country. It is the protection from corruption that we must defend. You must protect these rights for our future depends on a freely run democracy. Its' rules must be respected and weighed to assure the weak and the powerful retain equal justice.

I sent you through my support to represent democracy of which Habeas corpus is the keystone.

Thank you.

Hope it reads okay. If it passes DU review, I'll send it as is in 5 minutes.

[The Wielding Truth]

19. Sent.

[jillan]

22. I'm surprised about Schumer!

And Wyden.

And all of them, frankly.

[usregimechange]

23. Just e-mailed McCaskill, we turned MO blue in 06 for a reason

[usregimechange]

25. sent back a form response, prompting another e-mail by me

[SnowCritter]

24. I fired off a quick email to Senator Klobuchar

I hope more of my fellow Minnesotans are doing the same.