Habeas corpus is a constitutional right that protects individuals against indefinite imprisonment without being informed of the charges against them. In June 2006, the Supreme Court found in Hamdan v. Rumsfeld that military commissions at Guantanamo created by President Bush violated the Geneva Conventions regarding the treatment of detainees being held indefinitely. President Bush then asked Congress to legalize the military commission trials and to deny detainees the right of redress to the federal courts, including the right to file a writ of habeas corpus. Such a writ requires the government to show in court why a person is being held. Over many objections, Congress passed the Military Commissions Act (MCA) shortly before November 2006 elections. The MCA strips non-citizens declared "enemy combatants" by the president of the right to be heard in court to establish their innocence, regardless of how long they have been held without charge. This violates the Constitution and basic American values. In the House of Representatives, Reps. Ike Skelton (D-MO) and John Conyers (D-MI) have introduced HR 2826 to restore habeas corpus and provide safeguards against unchecked presidential power. This bill will soon be considered by the House.

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