Restore Habeas Corpus and End Torture

Habeas Corpus is one of the oldest and most fundamental constitutional rights that exist.

Yet at the end of 2006, Congress passed the "Military Commissions Act of 2006", which gives the President absolute power to decide who is an enemy of our country and to imprison people indefinitely without charging them with a crime.

The Military Commissions Act single-handedly stripped away habeas corpus and due process protections from federal detainees at Guantanamo Bay prison and elsewhere, rendered the Geneva Conventions -- which prohibit the use of torture against those in U.S. custody -- obsolete, gave the President the unilateral authority to decide who is an enemy combatant and who should be put in prison, and granted immunity to administration and military officials who may have committed certain crimes in the prosecution of the war on terror, among other danerous provisions.

The leadership in Congress has promised to bring legislation before the floor that would restore habeas corpus and correct many of the problems within the Military Commissions Act. Some of those votes may happen as early as today!

The "Habeas Corpus Restoration Act" and the "Restoring the Constitution Act of 2007" are critical pieces of legislation that will move us much closer to restoring our Constitution and the rule of law.

Please send a free fax below to Senators Schumer and Clinton and your Member of Congress urging them to take a strong stand for our Constitutional rights.

Click here for More Information on the NYCLU's work to restore habeas corpus and end torture.

Talking Points

The "Habeas Corpus Restoration Act" and the "Restoring the Constitution Act of 2007" will:

- restore habeas corpus to the detainees at Guantanamo and elsewhere in U.S. custody;

- clarify the Geneva Convention's authority in U.S. law;

- create a reasonable legal definition of "unlawful enemy combatant" that the government would have to meet in order to label a detainee as such; and

- strip immunity from administration and military officials who authorized or ordered illegal acts of torture or abuse.

Subject:

Dear [ Decision Maker ],

As your constituent, I strongly urge you to co-sponsor the "Habeas Corpus Restoration Act" and the "Restoring the Constitution Act of 2007", which have been introduced to fix the problems with the Military Commissions Act.

(Edit Letter Below)

It's time to fix the Military Commissions Act (MCA). The MCA removes the Constitution's right to habeas corpus for persons the president designates unlawful enemy combatants. It allows the President to define who is and who is not an enemy of our country, and then takes away due process protections. It also undermines the Geneva Conventions, which set the law for America's conduct during war.

The "Habeas Corpus Restoration Act" (H.R. 1416 and S.185) will restore the due process right of habeas corpus to detainees being held indefinitely at Guantanamo Bay and elsewhere.

The "Restoring the Constitution Act of 2007" (H.R. 1415 and S.576) will repair much of the MCA's damage to our Constitution and American values. It creates a reasonable definition of "unlawful enemy combatant" that will allow the government to detain people who are actually fighting our country. It bans the use of torture and abuse and makes clear that the federal government must comply with the Geneva conventions. The bill also ensures that we don't have one set of laws and standards of conduct for privates and sergeants and another set for top government officials.

It is time for Congress to restore due process, defend the Constitution, and protect what makes us Americans. Again, I urge you to co-sponsor the "Habeas Corpus Restoration Act" and the "Restoring the Constitution Act of 2007".

I am following this issue closely and look forward to your response.

Sincerely,
[Your name]
[Your address]

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