“More Habeas Silliness: The ‘Right to Habeas Corpus’ Act” @ Lawfare

Posted on April 19, 2012

Steve Vladeck — April 16, 2012: “Rumor has it that sometime this week (perhaps as early as tomorrow), Congressmen Scott Rigell (R-VA) and Jeff Landry (R-LA) will introduce a bill titled the “Right to Habeas Corpus Act.” In short, the bill would “firmly state that the detainee provisions of [last year’s NDAA] do not allow for the indefinite detention of citizens without the right of redress.” The bill would do so by providing that:

Nothing in the [AUMF] or the [FY2012 NDAA] shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the [AUMF].

It’s always nice to see Members of Congress trying to take habeas seriously, but as I explain below this fold, this bill, however well-intentioned, is silly, utterly unnecessary, and perhaps even counterproductive………………………”

Read more at Lawfare.