Habeas Corpus and Osama bin Laden - Rudy G vs. Justice once again

By: Dan
Published On: 6/19/2008 12:39:24 AM

As the Boumediene v. Bush Supreme Court decision hangs over the heads of our political candidates, we must never forget the value that decision has made.  The case, among other things, returns the rights of habeas corpus to the detainees at Guantanamo Bay, but also to every person unlucky enough to be detained by the U.S. Government without any reason or cause.  

Rudy Guliani seems to think this is a horrible setback in the War on Terror.  He was especially mad that John Kerry suggested that with the court decision the President of the United States, whether it be Barack Obama or John McCain would "be obligated to recognize Osama bin Laden's right to habeas corpus, in the event he were captured."

In response, Rudy Guliani stated:


"The remarks that were made yesterday by several people in the Obama camp, that if [Osama] bin Laden were taken to Guantanamo, he would be given habeas corpus rights, is startling. Again, a reminder of maybe where they're going on the Democratic side and what we would have in store for us if we had a Democratic presidency. The reality is there seems to be more concern about the rights of terrorists -- or alleged terrorists -- than the rights that the American people have to safety and security."

Hey Rudy, face the facts:  Yes, even Osama Bin Laden deserves to have habeas corpus.  He deserves it like any terrorist scumbag who has killed innocent people and manipulated his fellow men into killing innocent people deserves it.  He deserves it like any conspirator of mass murder deserves it.  He deserves to have the charges brought against him to be communicated to him.  He deserves to know the pain and suffering that he has caused so many people.  Not just Americans, but his fellow Muslims and Arabs.  So many innocent Muslim children have been slaughtered because of him, although he claims to defend them.  He deserves to hear those charges, so that we can have peace of mind.
Sure, we may kill Osama Bin Laden before we capture him.  However, what if he isn't killed?  What if he is detained and like John Kerry says he has the right to habeas corpus?  Well, if we catch Osama Bin Laden and detain him in a place like Guantanamo Bay, why would we want to hide him away?  Why can't we bring him to justice and force him to face his crimes?  If you listen to the Republican right-wingnuts like Rudy Guliani, it seems like they want to hide him away, while giving him health care and nice meals paid for by the American taxpayer.  Sure they could subject him to "enhanced interrogation techniques", but that isn't enough.  Osama bin Laden should know why he has been detained.  He should be held accountable for the crimes he has committed against humanity.  Rudy Guliani doesn't want to give us that chance for justice, because he and his ilk think that equates to giving him "special rights" or "new rights".  However, terrorist detainees always had those rights, until they were taken away from them artificially by a rogue American government refusing to abide by them.

You see, the right to habeas corpus is said thusly


"We command you, that the body of A.B. in Our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatsoever name the said A.B. may be known therein, you have at our Court ... to undergo and to receive that which our Court shall then and there consider and order in that behalf. Hereof in no way fail, at your peril. And have you then there this writ."

However, in laymen's terms what it really means is that you cannot be detained for no reason.  You must be charged with some crime.  In the case of Osama bin Laden, I think we have more than enough evidence to hold him and deny him bail, don't we?  This is an international terrorist of the highest order for God's sakes.  Perhaps the worst international criminal since the Nazi leaders charged in the Nuremberg Trials.

Besides, habeas corpus is not just a right; it is the essence civil American justice.  Habeas corpus would provide the American Government and the American people the opportunity to do to Osama bin Laden, what he never did to all of his victims he claimed had wronged him and his "people": we get to charge him on legal grounds with mass murder.  We get to show the world how he organized and inspired attacks on U.S. embassies in Africa, the U.S.S Cole, and on the Twin Towers in New York City.  Isn't that a good idea Rudy?  No?  How about if the victim's families in these tragedies get to see him in a courtroom and tell him just how they feel about him planning the murder of their loved ones?  Is that a "right" we should deprive him Rudy?  Is that right too generous?  Too liberal, too commie, too left wing?  Tell me Rudy, don't you want to give them that chance?  Or are you too afraid that you wouldn't be able to fear-monger John McCain into the White House?  Are you too afraid that would mean putting the 9/11 families ahead of your political aspirations?  Even though these are the people you pretended to stand up for when you ran your pathetic Presidential campaign?  Guess what Rudy, habeas corpus is justice, and you are just another right wing hack.  


Comments