Despotism vs. Democracy
Eliminating habeas vests the power of determining guilt or
innocence almost solely with the executive branch, creating an executive office that has
powers more closely resembling that of a despot than the elected president of one of the world’s oldest democracy.
Imprisoning the Innocent
Without access to due process guarantees enshrined
in the Constitution, people can be imprisoned indefinitely, without any hope of a fair trial or hearing,
or even an opportunity to respond to the charges against them.
National Character
Eliminating habeas turns our back on what it
means to be an American, and advances a policy that makes us less secure rather than more secure.
If the United States cannot guarantee rights to the citizens of other countries, what guarantee do
Americans have that their rights will be respected by the rest of the world? We live in a country of
laws, not of men, and in order to stand up for that tradition, due process must be restored.
"The ability of lawyers to confer with their clients and
advocate for justice for those clients is a deeply imbedded principle of American democracy.
Arbitrary restrictions concerning the number of times and the ways that lawyers
may confer with their clients in Guantanamo, or in any court, would threaten
competent representation without at all advancing national security.
The principles of freedom, due process and justice are too critical to our national character to be abandoned in any manner."
--Nan Aron, President, Alliance for Justice