The Habeas Corpus Restoration Act of 2007, introduced by Senators Spector (R-PA) and Leahy (D-VT), looks like a really important piece of legislation that may go up for a vote by this Thursday.

S. 185 (now renamed S. Amdt. 2022 as an amendment to the Department of Defense authorizations bill) is short and sweet:

RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY THE UNITED STATES.

(a) In General.–Section 2241 of title 28, United States Code, is amended by striking subsection (e).
(b) Title 10.–Section 950j of title 10, United States Code, is amended by striking subsection (b) and inserting the following:

“(b) Limited Review of Military Commission Procedures and Actions.–Except as otherwise provided in this chapter or in section 2241 of title 28 or any other habeas corpus provision, and notwithstanding any other provision of law, no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter.”.

(c) Effective Date and Applicability.–The amendments made by this section shall–

(1) take effect on the date of the enactment of this Act; and
(2) apply to any case that is pending on or after the date of enactment of this Act.

The good part is section (a): “(a) In General.–Section 2241 of title 28, United States Code, is amended by striking subsection (e)“. Subsection (e) is a lovely bit to get rid of:

“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.”
-from the Military Commissions Act

Here is the list of the cosponsors:
•Joe Biden (D-DE)
•Jeff Bingaman (D-NM)
•Barbara Boxer (D-CA)
•Sherrod Brown (D-OH)
•Robert Byrd (D-WV)
•Maria Cantwell (D-WA)
•Ben Cardin (D-MD)
•Thomas Carper (D-DE)
•Hillary Clinton (D-NY)
•Chris Dodd (D-CT)
•Dick Durbin (D-IL)
•Russ Feingold (D-WI)
•Dianne Feinstein (D-CA)
•Tom Harkin (D-IA)
•Ted Kennedy (D-MA)
•John Kerry (D-MA)
•Amy Klobuchar (D-MN)
•Frank Lautenberg (D-NJ)
•Patrick Leahy (D-VT)
•Carl Levin (D-MI)
•Claire McCaskill (D-MO)
•Robert Menendez (D-NJ)
•Bill Nelson (D-FL)
•Barack Obama (D-IL)
•Jay Rockefeller (D-WV)
•Ken Salazar (D-CO)
•Bernie Sanders (I-VT)
•Debbie Stabenow (D-MI)
•Sheldon Whitehouse (D-RI)

If your Senator’s name is missing from the list, such as our very own Patty Murray, why not give them a call and ask them to co-sponsor it? I just got off the phone with a staffer at Senator Murray’s office, had a very nice little chat, and he said he’d pass on my request to the Senator. This could be important, even if they are already planning (as is Senator Murray, I was told) to vote for the Act.

Call the US Capitol toll-free at 800.862.5530, or use the Senate’s directory (.pdf - the numbers all start with 202.22). The direct line to Senator Murray’s office is 202.224.2621.

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