Should I Worry? Should We?

McCain tells us not to worry about habeas corpus. It lived a long and full life, from 1215-2006, until the MCA bill gave the Prez the right to, quote,

(a) In General- Section 2241 of title 28, United States Code, is amended by striking both the subsection (e) added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742) and the subsection (e) added by added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477) and inserting the following new subsection (e):

`(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

`(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.

The problem here is -- who determines the label "enemy combatant", and how is it applied? Bush. Subjectively.

Of the 700+ people who have been and are currently detained at Gitmo, only 10 have ever been charged. I'm reminded of some other, brave, intelligent words:

We cannot defend freedom abroad by abandoning it at home.
—Edward R. Murrow

Constitutions are chains with which men bind themselves in their sane moments that they may not die by a suicidal hand in the day of their frenzy.
—Sen. John Stockton

He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.
—Thomas Paine

The means of defense against foreign danger historically have become the instruments of tyranny at home.
—James Madison

Those that would give up essential liberty in pursuit of a little temporary security deserve neither liberty nor security.
—Ben Franklin

I fear you do not fully comprehend the danger of abridging the liberties of the people. Nothing but the very sternest necessity can ever justify it. A government had better go to the very extreme of toleration, than to do aught that could be construed into an interference with, or to jeopardize in any degree, the common rights of its citizens.
—Abraham Lincoln

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.
—Pastor Martin Niemöller