Sep 19, 2007 6:00 pm US/Eastern
Senate Rejects Habeas Corpus For Terror Suspects
Narrow Defeat For Bill Blocks Expanding Detainee Rights, Access To Federal Courts
WASHINGTON (AP) ―
The Senate narrowly rejected legislation on Wednesday that would have given military detainees the right to protest their detention in federal court.
The 56-43 vote fell four shy of the 60 votes needed to cut off debate on the bill, co-sponsored by Sens. Patrick Leahy, D-Vt., and Arlen Specter, R-Pa. It was a blow for human rights groups that say a current ban on habeas corpus petitions could lead to the indefinite detention of individuals wrongfully suspected of terrorism.
President Bush and conservative Republicans counter that the ban, enacted last year, was necessary to stem the tide of legal protests flooding civilian courts.
Among the 56 senators voting in favor of expanding detainees' rights were six Republicans: Specter, Olympia Snowe of Maine, Chuck Hagel of Nebraska, Richard Lugar of Indiana, John Sununu of New Hampshire and Gordon Smith of Oregon.
Leahy said he would try again to repeal it, although he was not sure when he would get another chance.
"The truth is that casting aside the time-honored protection of habeas corpus makes us more vulnerable as a nation because it leads us away from our core American values," Leahy said. "It calls into question our historic roll as a defender of human rights around the world."
In 2006, Congress passed and Mr. Bush signed into law the Military Commissions Act, which established a military-run tribunal system for prosecuting enemy combatants. The provision barring habeas corpus petitions means that only detainees selected for trial are able to confront charges against them, leaving most military detainees in custody without a chance to plead their case.
Sen. Lindsey Graham, R-S.C., one of the architects of the law, said the system includes checks and balances to determine whether a person is being held unlawfully. Granting a ban on habeas corpus petitions would allow terrorism suspects to go "judge shopping" around U.S. courts to find a sympathetic ear, he said.
Added Sen. Jon Kyl, R-Ariz.: "Never has such an unprecedented legal right been granted to a prisoner of war or detainee."
In June, the Supreme Court agreed to consider whether the ban on habeas corpus petitions is constitutional, although no argument date has been set.
Specter, the lone Republican to co-sponsor the bill, has said he anticipates the court will rule the ban unconstitutional.
Habeas corpus "is a constitutional right that has existed since the Magna Carta in 1215," he said.
HOW THEY VOTEDAkaka (D-HI), Yea
Alexander (R-TN), Nay
Allard (R-CO), Nay
Barrasso (R-WY), Nay
Baucus (D-MT), Yea
Bayh (D-IN), Yea
Bennett (R-UT), Nay
Biden (D-DE), Yea
Bingaman (D-NM), Yea
Bond (R-MO), Nay
Boxer (D-CA), Yea
Brown (D-OH), Yea
Brownback (R-KS), Nay
Bunning (R-KY), Nay
Burr (R-NC), Nay
Byrd (D-WV), Yea
Cantwell (D-WA), Yea
Cardin (D-MD), Yea
Carper (D-DE), Yea
Casey (D-PA), Yea
Chambliss (R-GA), Not Voting
Clinton (D-NY), Yea
Coburn (R-OK), Nay
Cochran (R-MS), Nay
Coleman (R-MN), Nay
Collins (R-ME), Nay
Conrad (D-ND), Yea
Corker (R-TN), Nay
Cornyn (R-TX), Nay
Craig (R-ID), Nay
Crapo (R-ID), Nay
DeMint (R-SC), Nay
Dodd (D-CT), Yea
Dole (R-NC), Nay
Domenici (R-NM), Nay
Dorgan (D-ND), Yea
Durbin (D-IL), Yea
Ensign (R-NV), Nay
Enzi (R-WY), Nay
Feingold (D-WI), Yea
Feinstein (D-CA), Yea
Graham (R-SC), Nay
Grassley (R-IA), Nay
Gregg (R-NH), Nay
Hagel (R-NE), Yea
Harkin (D-IA), Yea
Hatch (R-UT), Nay
Hutchison (R-TX), Nay
Inhofe (R-OK), Nay
Inouye (D-HI), Yea
Isakson (R-GA), Nay
Johnson (D-SD), Yea
Kennedy (D-MA), Yea
Kerry (D-MA), Yea
Klobuchar (D-MN), Yea
Kohl (D-WI), Yea
Kyl (R-AZ), Nay
Landrieu (D-LA), Yea
Lautenberg (D-NJ), Yea
Leahy (D-VT), Yea
Levin (D-MI), Yea
Lieberman (ID-CT), Nay
Lincoln (D-AR), Yea
Lott (R-MS), Nay
Lugar (R-IN), Yea
Martinez (R-FL), Nay
McCain (R-AZ), Nay
McCaskill (D-MO), Yea
McConnell (R-KY), Nay
Menendez (D-NJ), Yea
Mikulski (D-MD), Yea
Murkowski (R-AK), Nay
Murray (D-WA), Yea
Nelson (D-FL), Yea
Nelson (D-NE), Yea
Obama (D-IL), Yea
Pryor (D-AR), Yea
Reed (D-RI), Yea
Reid (D-NV), Yea
Roberts (R-KS), Nay
Rockefeller (D-WV), Yea
Salazar (D-CO), Yea
Sanders (I-VT), Yea
Schumer (D-NY), Yea
Sessions (R-AL), Nay
Shelby (R-AL), Nay
Smith (R-OR), Yea
Snowe (R-ME), Yea
Specter (R-PA), Yea
Stabenow (D-MI), Yea
Stevens (R-AK), Nay
Sununu (R-NH), Yea
Tester (D-MT), Yea
Thune (R-SD), Nay
Vitter (R-LA), Nay
Voinovich (R-OH), Nay
Warner (R-VA), Nay
Webb (D-VA), Yea
Whitehouse (D-RI), Yea
Wyden (D-OR), Yea
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