McCain Does Not Know What Habeus Corpus Is

John McCain needed to take 24 hours to decide what he thinks about yesterday’s Supreme Court decision:

I am still sitting in a John McCain town hall, so have not had time to transcribe the full quotes, but wanted to post this quick. After a day of consideration, the McCain Campaign has decided to come out hard against yesterday’s 5 to 4 decision to grant more rights to court review for enemy combatants held at Guantanamo Bay, Cuba.

“The United States Supreme Court yesterday rendered a decision which I think is one of the worst decisions in the history of this country,” McCain said. He went on to quote from Justice Roberts dissent in the case, rail against “unaccountable judges,” and say that the courts are about to be clogged with cases from detainees.

Yesterday, it was not clear if McCain would make the court decision an election year issue. Today, there is no doubt it will be. …

And here is the official statement. Note the part I have bolded:

The United States Supreme Court yesterday rendered a decision which I think is one of the worst decisions in the history of this country. Sen. Graham and Sen. Lieberman and I had worked very hard to make sure that we didn’t torture any prisoners, that we didn’t mistreat them, that we abided by the Geneva Conventions, which applies to all prisoners. But we also made it perfectly clear, and I won’t go through all the legislation we passed, and the prohibition against torture, but we made it very clear that these are enemy combatants, these are people who are not citizens, they do not and never have been given the rights that citizens of this country have. And my friends there are some bad people down there. There are some bad people. So now what are we going to do. We are now going to have the courts flooded with so-called, quote, Habeas Corpus suits against the government, whether it be about the diet, whether it be about the reading material. And we are going to be bollixed up in a way that is terribly unfortunate, because we need to go ahead and adjudicate these cases. By the way, 30 of the people who have already been released from Guantanamo Bay have already tried to attack America again, one of them just a couple weeks ago, a suicide bomber in Iraq. Our first obligation is the safety and security of this nation, and the men and women who defend it. This decision will harm our ability to do that.

John McCain is not a lawyer, but still… you would think he’d know what habeus corpus is. And it’s not suing the government over diet or reading material.

4 Responses to “McCain Does Not Know What Habeus Corpus Is”

  1. Mark says:

    Actually, it is quite common for inmates in American prisons to use habeas corpus proceedings as a way of trying to get better treatment; frequently these suits are every bit as frivolous as McCain suggests- and are treated as such by the courts (one famous such case in, I think, Georgia, involved a prisoner who filed a “Motion to Kiss My A$$” – you can probably look it up on google, it’s good legal humor). You probably should edit this post because, unfortunately, McCain’s statement, hyperbolic as it is, does not demonstrate a lack of understanding of habeas corpus. It just demonstrates a complete unwillingness to engage the facts of the cases at issue in Guantanamo Bay.

    That doesn’t make McCain’s statement any less ridiculous though- the suits at issue here are the epitome of what “habeas corpus” was originally intended to do. To compare someone seeking an actual day in court to face their charges with someone just looking to harass the prison system by using their “indigent” status to file frivolous writs is absolutely outrageous.

  2. Bob says:

    Cngratulations to lefty Nancy Pelosi and her San Francisco nude parade friends. You have proven once again why the majority of our wonderful American citizens despise and mistrust our disfunctional perk filled congress, under your failing command and useless Senate.
    I sincerely hope, you and your family sleep well at night as the killers at Guantanamo, captured by our wonderful armed forces men and women, select their attyorney’s. Nice job, for now, but woe to you and the flunky’s you lead should they be released and return to combat. Think about IT NANCY.

  3. Kathy says:

    Actually, it is quite common for inmates in American prisons to use habeas corpus proceedings as a way of trying to get better treatment; frequently these suits are every bit as frivolous as McCain suggests

    Can you provide any substantive support for this statement?

    (one famous such case in, I think, Georgia, involved a prisoner who filed a “Motion to Kiss My A$$” – you can probably look it up on google, it’s good legal humor).

    A “Motion to Kiss my Ass” is not a motion for habeus corpus.

    You probably should edit this post because, unfortunately, McCain’s statement, hyperbolic as it is, does not demonstrate a lack of understanding of habeas corpus.

    Thank you for the suggestion, but I think I will leave the post as is, because in fact, McCain did demonstrate a lack of understanding of what habeus corpus is in the quoted statement. Habeus corpus is habeus corpus. It’s not a motion to kiss my ass and it’s not a motion for different food or reading material.

  4. Bob says:

    I have a test for politicans, Male or Female who desire to “lead”.
    1. Do not accept a vehicle, use your own car, with a limited expense account.
    2. Reatives cannot be on any payroll associated with your position.
    3, Pay for your breakfast, lunch, dinner or any bill you incur outside your home, including any event where you entertain your ‘followers,” your money not the taxpayers must be used.
    4.You can only hold one elected office and or position which is paid for by the taxpayers
    5.. If you are indicted or sentenced for any crime connected to your “public trust, you agree to forfeitt your pension and make restitution for whatever was illegally obtained.
    6 Term limits…three terms the maximum.
    7 represent your constituents, district, country, not foreign intruders.

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