Breaking: Menendez Will Co-Sponsor Bill Banning Torture, Restoring Habeas Corpus

by: Juan Melli

Mon Feb 12, 2007 at 05:29:38 PM EST

I rarely use "breaking" in titles but I think this deserves it. After all the uproar over Senator Menendez's vote a few months ago for the unconstitutional Military Commissions Act which eliminated habeas corpus and legalized torture, it appears he's had a change of heart. That vote was taken under immense pressure during the campaign, and he's now doing the responsible thing and cleaning up the mess he helped make. According to an announcement from the ~~campaign~~ Senate office, Senator Chris Dodd will introduce and Bob Menendez will co-sponsor legislation to correct the "flawed Military Commissions Act":

WASHINGTON - TOMORROW, Tuesday, February 12, 2007, U.S. Senators Chris Dodd (D-CT) and Robert Menendez (D-NJ) will hold a press conference to discuss the Effective Terrorists Prosecution Act which will restore habeus corpus rights, ban torture and uphold the Geneva Conventions. The senators, both members of the Foreign Relations Committee, will discuss the need for these protections in the fight against terrorism.

He's not only admitting his mistake, he's trying to fix it. That's a rare quality in politics.

Update: Lautenberg voted for the Military Commissions Act to give Menendez cover, so I would assume he will also support this bill.

Update 2: It's been pointed out to me that at the time, Menendez issued a statement indicating he would revisit this issue and fix the flawed legislation:

I look forward to returning to the Senate with a Democratic majority to make necessary improvements to this legislation to protect the civil liberties of all Americans.

Update 3: To clarify, Chris Dodd is the sponsor of this bill and Menendez is a co-sponsor. I'm told the legislation will actually be called "Restoring the Constitution Act of 2007". More information at Restore-Habeas.org.

Update 4: Senators Feingold and Leahy are also co-sponsors. The full title of the bill is: "The Restoring the Constitution Act of 2007 -- A Bill to Provide for the Effective Prosecution of Terrorists and to Guarantee Due Process Rights.

Juan Melli :: Breaking: Menendez Will Co-Sponsor Bill Banning Torture, Restoring Habeas Corpus

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Breaking: Menendez Will Co-Sponsor Bill Banning Torture, Restoring Habeas Corpus | 17 comments

It's Not Only The Morally Right Thing To Do... (0.00 / 0)

...bit it's in the actual best interests of our national security. As it is, Bush's "policies" inspire more hatred and more terrorism toward the USA.

The world MUST come to see that the USA is NOT the same thing as this perverse administration! Only then can the healing begin and the damage to our good name as a nation begin to be repaired.

I hope the rest of the Democratic delegation in both chambers are prepared to pass the bill as is without allowing it to be watered down to insignificance with all manner of Republican riders designed to save Bush's "face".

Any Senator or Representative who votes against this is TRULY unpatriotic and TRULY un-American!

If Bush dares to veto it then there needs to be an over-ride!

If Bush/Cheney then fail to enforce the new law as written they need to be fired.

Go Bob Go!!!

by: Nick Lento @ Mon Feb 12, 2007 at 17:20:26 PM CST

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Dodd said this would be his first act as President (0.00 / 0)

He was very passionate about it at the DNC meeting.

I have to think of a witty signature about Frank LoBiondo

by: Hopeful @ Mon Feb 12, 2007 at 18:36:22 PM CST

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I contacted his office about the torture vote (0.00 / 0)

They said he would address that issue when the new Congress convened. Senator Menendez is a man of his word.

Restore democracy and the Constitution for which it stands.

by: The Wizard @ Mon Feb 12, 2007 at 19:57:10 PM CST

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man, that is really nice to see. (0.00 / 0)

i admit i was pretty harsh on the senator back then. i hope he understands.

by: Sidd Finch @ Mon Feb 12, 2007 at 21:49:27 PM CST

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Last year, Dodd and Menendez were of the same opinion (0.00 / 0)

That the Commissions act did not affect Habeus for citizens. Dodds bill from December reflected that position. With which I completely disagree with.
The Commissions Act took Habeus from both citizens and non citizens, as Jonathon Turley and Senator Leahy have opined.
SO does this mean the Menendez & Dodd have come around to the Turley Leahy position? If Menendez & Dodd have not come around, they need some better meds.

Check out my 3 paragraph primer on Polywell Fusion.

by: FogerRox @ Mon Feb 12, 2007 at 22:27:45 PM CST

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Finally (0.00 / 0)

Of all the horrible things done to our country in the past 6 years aside from the Iraq war, the loss of habeus corpus was the thing that really made me feel as if this was no longer America. I felt as if I had woken up somewhere else. Please tell me that this long national nightmare is close to ending. That there's really light at the end of this tunnel. And this time it's not a train.

One Vote. Yours. It really does matter.

by: carolh @ Mon Feb 12, 2007 at 22:50:26 PM CST

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"To Give Menendez Cover," (0.00 / 0)

Is not good enough! A political reason for taking away our RIGHTS, is not a good enough reason. I will NEVER feel the same about Lautenberg again! Nor will I be able to ever trust Menendez again. If I remember correctly, the vast majority of the Democrats voted AGAINST this bill. Where are OUR SENATORS' principles?

by: krose @ Tue Feb 13, 2007 at 00:01:10 AM CST

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cover (0.00 / 0)

Nobody said it was a good reason. Just stating a fact.

by: Juan Melli @ Tue Feb 13, 2007 at 00:12:25 AM CST

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Last year (0.00 / 0)

You do understand that the bad voting went down last fall, right? What you wrote seems to indicate that you weren't aware of this until right now, when Senator Menendez is taking positive steps toward a better legal framework.

by: Scott Shields @ Tue Feb 13, 2007 at 01:06:59 AM CST

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Tell the Senator how you feel (0.00 / 0)

Like many, I was deeply disappointed last Fall when Menendez cast that awful vote. I wrote him at the time, and told him he had lost my vote. He wrote back that he had planned to sponsor this type of legislation in the new Congress, but that wasn't good enough for me to vote for him (don't get me wrong, I didn't vote for Kean, either). To sacrifice the core ideals of not only the Democratic party, but the very Constitution that he is sworn to uphold, in favor of perhaps a few Conservative voters, is unfathomable to me. And I can guarantee you that he didn't get any of those Conservative votes anyway.
But, I am impressed that he did follow through on his promise, and we all need to watch to see how vigorously he pursues this. I wrote him again this morning thanking him. But I also suggested that the most succcessful politicians are those that do not compromise on their ideals (see Ted Kennedy).
We need to keep him (and all of them) honest.
Mark T. Allen

by: makr1964 @ Tue Feb 13, 2007 at 06:26:01 AM CST

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Keep Em Honest Indeed... (0.00 / 0)

It seems to me that even if this new legislation really does, in effect, repeal all the damage done by the earlier vote that we should applaud Dodd/Menendez at al for the good actions taken in the present....however we should not simply forget about the "bad vote" taken in the heat of a campaign in which it seems Democrats were afraid of being called unpatriotic or soft on terror.
I agree that no conservative likely voted for Menendez because he went along with Bush on that bill.
Now it seems that the "devil's in the details" and some knowledgeable folks here are questioning if this will will, at least, restore things to the status quo ante.
Imagine if George Bus suddenly truly changed course and adopted some serious plan to truly get us out of Iraq in good order and fairly quickly....that would be great!
However, would that then mean we should forget (and forgive) all about how he got us there and all the horrendous costs of the failed fatally flawed policy to date?
The people of NJ deserve to hear Menendez accept responsibility for a wrong vote on this and to then promise that from now we can be assured that he will vote his pure conscience with NO bows to anything so cheap as political expediency.
So, I still say...Go Bob Go!!! With enthusiasm...but there's also the need to, as Ronald Reagan once said, "Trust, but verify".

by: Nick Lento @ Tue Feb 13, 2007 at 17:58:44 PM CST

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Just one step, but not enough by itself (4.00 / 1)

Senator Menendez lost my vote last fall when he voted yes on the Military Commissions Act. Neutering that legislation won't be enough to win me back. The Senator's willingness to sacrifice the Constitution for political reasons leaves me distrustful. I know he said he was going to return to that law and review it later, but that struck me as a flawed approach then and still seems so now. I don't feel like the Senator has dealt honestly with his constituents with respect to the Military Commissions Act and this, "Okay, the election's over now so I can start to vote the way I should, which I couldn't do when the election was in progress" business is too cynical and smacks of dishonesty. I am glad that enough time has passed that the Senator feels he can safely return to the damage he did to the Constitution and try to mend it, but it shouldn't have happened to begin with and his political ambitions are not sufficiently important to justify his breaking the law.
As for Senator Lautenberg, I hope he doesn't run for re-election. If his vote on Military Commissions was cast as "political cover", then his vote was cast to represent Senator Menendez and not the people of the state of New Jersey. Senator Lautenberg was elected to represent us, not his colleague. Deals like that are part of the problem in Washington, clever as they may seem to those who make them.

DBK

by: DBK @ Tue Feb 13, 2007 at 07:01:34 AM CST

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I thoroughly agree... (4.00 / 1)

What should really happen is that the Military Commissions Act of 2006 should be repealed, completely. There are other things wrong with it besides the suspension of habeas corpus -- many evidentiary problems and due process problems. It gives the Defense Secretary the right to "change the rules" in the middle of a prosecution -- change even the rules laid down in the Act -- for national security reasons. In a nutshell, the entire Military Commissions Act is designed outside of the law, to avoid fairness and an opportunity to be heard for the accused. You can't "fix" this Act -- it's a bad act. Totally inconsistent with American values.
I will be speaking on this act at the Unitarian Society in Ridgewood on March 6, 7:30 p.m., if anyone wants to know the details of just how unAmerican and unfixable this Act is.

Common Sense for the Common Good

by: Camille @ Tue Feb 13, 2007 at 08:58:55 AM CST

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It Seems That This Act is Still an Evolving Action... (0.00 / 0)

Let's hope it shakes out to be crystal clear by March 6th.
I guess sometimes ya just need an attorney to, "keep em honest".
Looking forward to seeing you in Ridgewood!

by: Nick Lento @ Tue Feb 13, 2007 at 18:04:44 PM CST

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What is far more important is (0.00 / 0)

Does this bill assume the commissions Act effected Habeus for citizens & Non citizens, and then goes on to restore habeus.
Menendez was of the opinion that the COmmissions Act did not affect Habeus for citizens, so has he changed his mind?
>rant<
Dont you people get it, if this bill only goes to restore Habeus for non citizens its a crap bill. If this bill as endorsed by Leahy does restore Habeus for citizens and non citizens is worth supporting.
If you are going to give lip service to Habeus Corpus, at least have an inking as to whats at stake, and the remedies at hand.
>/rant<

Check out my 3 paragraph primer on Polywell Fusion.

by: FogerRox @ Tue Feb 13, 2007 at 14:36:53 PM CST

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Not a Rant at All... (0.00 / 0)

...just a well reasoned legitimate concern/question. Thanks for raising it!

by: Nick Lento @ Tue Feb 13, 2007 at 18:08:16 PM CST

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Well, you are being nice, thanks. (0.00 / 0)

I re-read this thread and the comments really raised my IRE. I was certainly in a hot headed mode, and wanted to RANT.
Nick, I DL'ed that file, I will load it to my blip.tv account tonight, if you have an intro in mind, write something up and send it to me.
rdanafox at yahoo I'll put your intro in and later send you the link.
I only have the cheap DSL, so any big jobs like this I start just before I go to sleep, to let them run overnight.

Check out my 3 paragraph primer on Polywell Fusion.

by: FogerRox @ Tue Feb 13, 2007 at 19:55:20 PM CST

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Breaking: Menendez Will Co-Sponsor Bill Banning Torture, Restoring Habeas Corpus | 17 comments