after-words.org

The president has now succeeded where no one has before. He’s managed to kill the writ of habeas corpus. Tonight, a special investigation, how that, in turn, kills nothing less than your Bill of Rights.

Because the Mark Foley story began to break on the night of September 28, exploding the following day, many people may not have noticed the bill passed by the Senate that night. Congress passed the Military Commission’s Act to give Mr. Bush the power to deal effectively with America’s enemies—those who seek to harm the country. He has been very clear on who he thinks that is.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: For people to leak that program and for a newspaper to publish it does great harm to the United States of America.

That fact that we’re discussing this program is helping the enemy...

[...] OLBERMANN: Why does habeas corpus hate America? And how is it so bad for us? Mr. Bush says it gets in the way of him doing his job.

(BEGIN VIDEOTAPE) Olbermann makes comments between clips of speeches by different politicians below.

BUSH: This legislation passed in the House yesterday is a part of making sure that we do have the capacity to protect you. Our most solemn job is the security of this country.

OLBERMANN: It may be solemn.

BUSH: Bush, so solemnly swear.

OLBERMANN: But is that really his job? In this rarely seen footage, Mr. Bush seems to be describing a different job.

BUSH: And will to the best of my ability, preserve, protect, and defend the Constitution of the United States.

OLBERMANN: COUNTDOWN has obtained a copy of this “Constitution” of the United States, and sources tell us it was originally sneaked through the constitutional convention and state ratification in order to establish America’s fundamental legal principles.

But this so-called “Constitution” is frustratingly vague about the right to trial. In fact, there’s only one reference to habeas corpus at all, quoting: “The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.”

But even Democrats, who voted against the Military Commission’s Act, concede that it doesn’t actually suspend habeas corpus.

SEN. PATRICK LEAHY (D), VERMONT: The bill before us would not merely suspend the great writ—the great writ—the writ of habeas corpus, it just eliminates it permanently...

[...] OLBERMANN: The reality is without habeas corpus, a lot of other rights lose their meaning. But if you look at the actual Bill of Rights, the first 10 amendments of that pesky Constitution, you’ll see just how many remain for your protection.

OK, No. 1 is gone. I mean, if you’re detained without trial, you lose your freedom of religion and speech, press, assembly, all the rest of that. So, you don’t need that any more.

And you know, you can’t petition the government for anything.

No. 2, While you are in prison, your right to keep and bear arms just might be infringed upon even if you’re in the NRA, so that’s gone.

Three, well OK, no forced sleepovers at your house by soldiers.

Three’s all right.

Four, you’re definitely not secure against searches and seizures, as it says here, with or without probable cause. And, in prison that’s not limited to just the guards, so forget the fourth.

Five, grand juries and due process, obviously out, so forget five and the little trailer up here.

Six, well trials are gone too, let alone the right to counsel. Speedy trials? You want it when?

Seven, well this is about—I thought we just covered trials and juries earlier so forget the seventh.

Eight, well, bail’s kind of a moot point isn’t it?

And nine, other rights retained by the people. Well, you know, if you can name them during your water boarding, we’ll consider them.

Ten, powers not delegated to the United States federal government. Well, they seem to have ended up there anyway. So as you can see, even without habeas corpus, at least one tenth of the Bill of Rights, I guess that’s the Bill of Right, now—remains virtually intact. No. 3 is still safe.

We can rest easy knowing that we will never, ever have to quarter soldiers in our homes as long as the third amendment still stands strong.

The president can just take care of that with a signing statement.