Attorney General Mukasey Urges Congress To Create Detainee Rules

Mukasey Urges Congress To Create Detainee Rules
by Ari Shapiro | NPR

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Attorney General Michael Mukasey on Monday called on Congress to set the rules by which Guantanamo detainees will challenge their detention in civilian courts.

In a speech to the American Enterprise Institute, Mukasey said the recent Supreme Court ruling granting detainees court access, "left many significant questions open." He argued that those questions are best answered by lawmakers, not judges.

"Today, I am urging Congress to act," Mukasey said. "Judges play an important role in deciding whether a chosen policy is consistent with our laws and the Constitution, but it is our elected leaders who have the responsibility for making policy choices in the first instance."

He urged lawmakers to set up the rules for some 200 habeas corpus petitions that are currently pending before the U.S. District Court in Washington. Those are petitions by Guantanamo detainees who say they are being wrongfully imprisoned. Mukasey said these hearings raise significant national security concerns.

Mukasey said lawmakers should, for example, establish rules for handling classified evidence against detainees.

"For the sake of national security, we cannot turn habeas corpus proceedings into a smorgasbord of classified information for our enemies," he said.

Mukasey also asked Congress to dictate that courts cannot order a detainee to be released into the United States. He said detainees should only be allowed to testify at their hearings via video link from Guantanamo Bay, and he said detainees should not be able to call American troops to testify as witnesses.

Mukasey is "calling on Congress to essentially not let the courts do their jobs," said Vincent Warren, executive director of the Center for Constitutional Rights, which represents Guantanamo detainees.

Warren argues that judges can resolve all of the issues Mukasey mentioned in his speech. In some cases, Warren says, they already have. For example, Mukasey said all of the habeas corpus petitions should be heard in one district court. The petitions have already been consolidated before the federal district court in Washington.

Sen. Patrick Leahy (D-VT), who chairs the Senate Judiciary Committee, says the White House did not consult with the committee on the speech or notify them that Mukasey would be making this announcement. Leahy said he doubts that Congress can pass such a law during an election year in the final months of the Bush administration.

"I don't know how we'd ever get anything this complex and get the kind of consensus needed to get something passed," Leahy told NPR in a phone interview.

Mukasey was more optimistic. In answer to a question after his speech, he said, "Congress has talented legislators," adding "Together, I'm sure we can craft legislation."

The chief judge for the court handling these hearings is Royce Lamberth. Lamberth said guidance from Congress is always welcome. "Because we are on a fast track, however, such guidance sooner rather than later would certainly be most helpful," Lamberth said.

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yeah he wants a new provision

hey attorney gen of the US

go to congress and be a man about it

the president is a war criminial and his days are numbered

HE"LL BE LUCKY TO RESIGN

and about you

follow the law you despicable excuse for an attorney - WAR CRIMES are coming up special delivery or it's free

do these guys pickup the newspaper or read the internet

so glad THEY DON"T

cuz it's too late now

btw, I think John Dean is heavily in favor of resignation and not impeachment - he's being misunderstood, he's trying to protect the white house not the criminal

too late now

the facts are growing like cauliflower in cheney's ear - OH YEAH

OBAMA IN IRAQ - OH YEAH

HABEAS CORPUS technically back on the books and BETTER be in PRACTICE - OH YEAH

Constitution of the United States of America - OH YEAH

Governor of Georgia says pack a gun and travel at the airport - A REAL AMERICAN!!!!! - OH YEAH

http://www.msnbc.msn.com/id/25680821/

Arrest Mukasey too!

MUKASEY:
"Together, I'm sure we can craft legislation."

That no doubt removes any and all aspects of accountability for the administration, and no doubt after he reminds key members of Congress how much dirt the administration has on them as a result of warrantless wiretaps.

Jeezus, what a transparent fraud.

Unfiltered Video Commentary:
JOHN CONYERS IS STILL FAILING AMERICA.
DEMAND IMPEACHMENT HEARINGS NOW:

johnconyersjr@gmail.com / john.conyers@mail.house.gov
Phone:202-225-5126 Fax:202-225-0072

I may have missed this, just came home and this is from the ACLU

This administration is completely made up of Psychopaths! Are they FKING SERIOUS???
___________________________________________________________________________________

Dear ACLU Supporter,

Here they go again. On Monday, Bush’s Attorney General, Michael Mukasey, called on Congress to take dramatic steps to subvert the Constitution.

Mukasey is demanding that Congress issue a new declaration of war that would make the entire globe -- including the United States itself -- a “battlefield” where the president decides who will be locked up forever.

Instead of ending the Bush system of injustice, he wants Congress to make it permanent.

Tell Congress to reject the Bush/Mukasey plan to subvert the Constitution.

Not only has Bush’s Attorney General called on Congress to issue a new declaration of war, but he is also asking Congress to:

1. Gut habeas corpus -- the freedom that protects people from being thrown in prison illegally -- with no help, no end in sight and no due process.

2. Cover up the Bush administration’s systemic torture and abuse of detainees. Judges would not be allowed to see evidence of torture and abuse and would instead simply have to trust that a president is holding the right people as ”enemy combatants.”

With only five weeks left in the congressional schedule and only six months left in the Bush presidency, Mukasey’s power grab should be laughed out of town. But, given this Congress’ track record, the Mukasey proposal is no laughing matter.

Tell Congress to reject the Bush/Mukasey plan to subvert the Constitution.

Too many times, we’ve seen Congress cave in to the most outrageous Bush demands for out-of-control powers: The Patriot Act. National Security Letters. The Military Commissions Act. The Protect America Act. And, most recently, the congressional sell-out on FISA.

Four times the Supreme Court has rejected the Bush administration’s efforts to design a war on terror system of injustice that defies the Constitution and mocks the rule of law. In the past, the administration has responded, not by respecting the Constitution, but by counting on Congress to legitimize its indefensible conduct.

There is no way we can let that happen this time. Even as the House Judiciary Committee investigates whether high-level Bush White House officials may have committed crimes of torture and abuse, the Bush administration has the arrogance to ask Congress to give it the power to detain people without trial and hide torture and abuse from the courts.

Tell Congress to reject the Bush/Mukasey plan to subvert the Constitution.

We can’t take for granted that Congress will reject the Bush/Mukasey plan. We have to meet this outrageous proposal with an immediate wall of protest that says to Congress: “Don’t you dare.”

I urge you to join defenders of freedom all across the country in raising your voice against Attorney General Mukasey’s dangerous proposal.

Thanks for speaking out,

Caroline Fredrickson, Director
ACLU Washington Legislative Office

P.S. You can read a blog post from Christopher Anders, ACLU Seinor Legislative Counsel, on the Bush/Mukasey plan to subvert the constitution here.
© ACLU, 125 Broad Street, 18th Floor New York, NY 10004

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___________________________________________________________________________

Go to http://www.action@aclu.org/mukasey

Truths2ndChance

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