Can the Netroots Restore Habeas Corpus?

The Nation's Ari Melber raises a hugely important question: can the netroots restore Habeas Corpus?

Just before its implosion last November, the Republican Congress passed the Military Commissions Act (MCA), one of the worst legislative setbacks to human rights policy since World War II. The law dilutes restrictions against torture; provides new immunity for war criminals; eliminates habeas corpus, the sacrosanct right to go to court and challenge government detention, for US residents; and authorizes rigged military trials for people captured on and off the battlefield, without any oversight by American courts.

But the public barely noticed because Congress approved the sweeping legislation with no hearings in a seven-day rush before the midterm elections. Some Democrats in the new Congress say they will roll back the law. Yet they are under pressure instead to address the Iraq War and the requests of their top interest groups, which rarely focus on constitutional rights. Some Democrats want to avoid the entire issue, arguing that because Bush will veto any reforms, they should just hope the Supreme Court finds the law unconstitutional. (This timid logic was recently outlined by an anonymous Democratic Senate staffer who told the The New Yorker that "we're basically leaving it up to the courts" instead of confronting Bush.) But there is one progressive group with the political influence, financial clout and policy expertise to put constitutional rights on the Congressional agenda: the emerging network of liberal bloggers, netroots activists and blink tanks--blogs that function as online think tanks--that have been doggedly fighting the Bush Administration's six-year assault on the Constitution.

Melber is kind to mention my effort to mobilize the netroots around fundamental Constitutional issues like Habeas Corpus, as well as our 100-day agenda poll where restoring Habeas Corpus ranked first.

I believe our poll is an excellent measure of netroots sentiment. The problem - which is also reflected in our poll - is that there are so many urgent issues that it's hard to focus on any single one.

And this problem is compounded by Iraq, which was enough of a mess before Bush decided to escalate the war - and possibly expand it to Iran and Syria.

The problem of Iraq is not merely a military one, although that is bad enough. It also goes to the heart of both American Imperialism (in the militarist version favored by Bush, Cheney, the neocons, the Republican Party, corporate America, and the right wing media) and to the Imperial Presidency that was created to carry out that imperialist policy.

Melber mentions Senator Chris Dodd's legislation to restore Habeas Corpus and repeal the worst parts of the Military Commissions Act. Dodd's bill will have the support of Senate Judiciary Committee chair Pat Leahy, who is a staunch supporter of the Constitution and the Bill of Rights. It may also get support across the aisle from Arlen Specter, who never had the guts to stand up to Bush and Cheney while he chaired the Judiciary Committee, but might find it easier to play a supporting role behind Leahy. But that bill will inevitably face a filibuster from Imperialists like Lindsey Graham, Orrin Hatch, and Mitch McConnell. And even if Democrats can get 60 votes to overcome the filibuster, they will need 67 to override Bush's inevitable veto.

Given these numbers, it will be impossible to restore the Constitution one bill at a time while Bush is in the White House, and while Republicans have 49 votes in the Senate.

That's why our top priority is to build an overwhelming grassroots movement to impeach George Bush and Dick Cheney for all of their collective crimes. If we can turn the national tide against Bush and Cheney for their overall disastrous policies, we will be strong enough either to break GOP filibusters - or pick up 9 more Senate seats in 2008 for a filibuster-proof Democratic majority.