View Full Version : Patriot act and Habeas corpus questions

06-04-2008, 03:45 PM
Can someone tell me when the patriot act has been abused
What American citizens have been denied the right of habeas corpus?


06-04-2008, 04:11 PM
Can someone tell me when the patriot act has been abused


What American citizens have been denied the right of habeas corpus?

He's a Canadian citizen, but it was our government that detained him and sent him to Syria. Maher Arar.

Why do you ask?

06-04-2008, 04:20 PM
Why do you ask?

Someone was telling me the patriot act and lack of habeas corpus has never been used on American citizens and that we have given up no rights since 9/11.

I knew a couple names but wanted to really convince them with a longer list.

Here is what I have so far in part thanks to your references

Held without habeas corpus, American citizens
Donald Vance
Jose Padilla
Yaser Esam Hamdi
Shawqi Ahmad Omar
not us citizens but noteworthy
Ali al-Marri
Maher Arar

Patriot act abuses:
Brandon Mayfield
Tariq Ramadan

Any more?

06-04-2008, 04:56 PM
Habeas rights have been getting diminished more and more, bit by bit, for over a decade. The patriot act is just one of the latest efforts to chip away at it. Whether it affects Americans, well, currently, I'm working for a judge in the U.S. federal district court, before that I was in the state criminal courts, and I can tell you that a day doesn't go by in our country when an american citizen doesn't try to access habeas only to get rebuffed by recent legislative limitations. For example, look up the Anti-terrorism and Effective Death Penalty Act of 1996.

It does the things listed below:

There is a one-year deadline for filing; previously, there was no deadline. In some instances death row inmates will face a six-month deadline, making it extremely difficult for the few capital case attorneys to adequately prepare, and discouraging new attorneys from stepping forward;

There is only one chance for habeas corpus review, except in extraordinary circumstances; again, before there were no limits on the number of writs that could be filed. A number of reversals of death sentences came only after several writs were filed.

Hearings to present facts inadequately developed at the state level will become nearly impossible. Under the new Act, a hearing will be granted only if a claim is based on new law established by the U.S. Supreme Court and if the new facts prove that no reasonable judge or jury would have found the prisoner guilty.

Federal courts are required to accept the state courts' factual findings--a prisoner must disprove the state's version by the high standard of "clear and convincing" evidence;

Relief will be denied even if the state court is mistaken in applying federal law, unless the prisoner proves the state court's mistaken application is "unreasonable" -- a nearly insurmountable obstacle.

06-04-2008, 09:55 PM
There's been a pile of mistaken wiretaps (http://www.useless-knowledge.com/1234/oct/article003.html) by the FBI authorized under the Patriot Act. They've admitted this before congress, basically a 'ooopsie, our bad, but we promise we won't do it again'