Sen. Menendez on Habeas Corpus: An Update

by: Scott Shields

Tue Jul 10, 2007 at 08:13:56 PM EDT

So I'm very happy to announce that the Senator has (predictably) made good on his promise to work to restore Habeas Corpus by signing on as a co-sponsor of S.185. Here is his statement:

"I am a co-sponsor - a proud co-sponsor - of Senator Specter's bill, and I will continue to support and champion efforts to restore the right of Habeas Corpus. To that end, I have also agreed to co-sponsor the Leahy amendment to the Defense Authorization bill currently on the Senate floor. This issue is a priority, and I am hopeful that we can pass legislation in the near future."

For some, this may not be enough to earn him forgiveness for voting for the Military Commissions Act in 2006. I understand that position, but disagree. That vote was not taken in a vacuum, either politically or in terms of policy. And it was not taken lightly by the Senator, who at the time called it "an imperfect bill," and "not the bill [he] wanted."

But it cannot be ignored that Senator Menendez has lived up to the pledge he made in the aftermath of his vote "to make necessary improvements to this legislation to protect the civil liberties of all Americans." I'm proud to see him following through on this with the same trademark tenacity and dedication that he brings to issues like immigration reform, port security, and the protection of working families.

An Open Letter to Senator Menendez

by: Scott Shields

Wed Jun 27, 2007 at 07:07:54 PM EDT

As you know, as your campaign's Director of Internet Operations last fall, I took one heck of a beating from our netroots allies for your vote for the Military Commissions Act of 2006, aka 'The Torture Bill.' It was a bill you weren't happy with, but you voted for it for reasons I understand. Within the campaign and to you personally, I made my displeasure known and, to your credit, you were very gracious about the issue. You had nothing but sympathy for my position and apologized personally for the heat I took. Publicly, you explained your vote and pledged that one of the first things you would do if elected to the Senate would be to take action to restore Habeas Corpus rights.

You are a man of your word. In February, you were one of the original co-sponsors of Senator Dodd's Restoring the Constitution Act of 2007, S.576. At the time, you said, "we must not compromise the values and virtues of our nation and Constitution" in fighting terrorism, that S.576 "will give us the tools to defend America from her enemies, while never ceding our standing as a nation of freedom and justice."

But the fact of the matter is that S.576 currently appears to be stalled. There is another option on the table, however. As Bob Geiger has written, Senator Arlen Specter has put forward the Habeas Corpus Restoration Act of 2007, S.185. The bill has already passed through the Judiciary Committee and counts among its co-sponsors many of your fellow co-sponsors of S.576, like Senators Lautenberg, Brown, Feingold, Leahy, and Kennedy.

Your co-sponsorship of Senator Dodd's S.576 is much appreciated. And it shows that you are serious about restoring the right of Habeas Corpus. While it is not as progressive or wide-ranging as S.576, Senator Specter's S.185 has a much better chance of being passed and being passed quickly. So I ask as a constituent, a former employee, and a supporter that you sign on as a co-sponsor of S.185 as well.

Thank you,
Scott Shields

An Open Letter to Senators Menendez and Lautenberg

by: Hopeful

Mon Jun 04, 2007 at 10:42:02 PM EDT

Last year many Americans -- especially here at Blue Jersey -- were dismayed by your vote last year on the detainee law.  Senator Menendez's own 2007 press release title says it: MENENDEZ CO-SPONSORS BILL CORRECTING FLAWED MILITARY COMMISSIONS ACT: Restoring Constitution Act bans torture, restores habeas corpus rights, and upholds the Geneva Conventions.  But given that Republicans now can filibuster or veto the bill, that "correction" has gone nowhere. 

Why then did you -- our trusted senators -- vote for a bill that by your own admission allows torture, violates the Geneva convetion and the U.S. Constitution?  Here's what you had to say last year:

[Menendez:] "In view of the fact that the Supreme Court has ruled the existing process unconstitutional, it leaves us without anything. It seems to me while it is not the bill I wanted - as evidenced by the way I voted on the amendments - I think there has to be a process in place. In the end, with the choice of passing an imperfect bill, or allowing the terrorists to go free and the Bush administration to operate without any oversight, I took a stand to protect the American people. 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."

[Lautenberg:]"While aspects of this plan that will need to be reviewed by the courts, the bottom line is that we need to move forward and prosecute these accused terrorists.  With the loss of 700 people on 9/11, the victims of terrorism in New Jersey have waited too long to see people involved in the worst terror attack in our nation's history brought to justice."

So getting trials for accused terrorists was worth selling out our principles.  And what did we get? As the AP reports that the accused terrorists cannot be tried under the law!:

The judges agreed that there was one problem they could not resolve -- the new legislation says only "unlawful enemy combatants" can be tried by the military trials, known as commissions. But Khadr and Hamdan had previously been identified by military panels only as enemy combatants, lacking the critical "unlawful" designation.

The New York Times observes that this may affect every war-crimes trial at Guantanamo Bay. 

So, you legalized torture and gave up habeas corpus for nothing.  And by the way, you will never, ever convince me that bin Laden's aides and Khalid Sheik Mohammed in particular cannot be tried for murder in New York (and Virginia, and Pennsylvania) under existing law, and should have been already. 

Sincerely,

Hopeful.

Menendez Statement on Restoring the Constitution Act of 2007

by: Juan Melli

Tue Feb 13, 2007 at 03:24:14 PM EST

"Protecting the American people is our most sacred responsibility, therefore we must do all we can to destroy those who would try to destroy our way of life. In doing so, however, we must not compromise the values and virtues of our nation and Constitution. This act will give us the tools to defend America from her enemies, while never ceding our standing as a nation of freedom and justice."

You can become a citizen co-sponsor of the legislation by filling out the form in the ad in the right-hand column or by visiting Restore-Habeas.org.

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

by: Juan Melli

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

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.

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 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.