Desaparecidos

A forced disappearance occurs when an organization forces a person to vanish from public view, either by murder or by simple sequestration. [...] In Spanish, "disappeared people" are called "desaparecidos", a term which specifically refers to the mostly South American victims of state terrorism during the 1970s and the 1980s, in particular concerning Operation Condor.

Wikipedia

The first order of business for the Democratic leadership of the 110th Congress: Restore habeas corpus.

The House has important business to get started on, but a major priority--the major priority--will be at the other end of the building, where the Senate will begin dismantling the un-American Military Commissions Act (MCA):

In 2001, al-Marri, a citizen of Qatar, was in the United States legally, on a student visa. He was a computer science graduate student at Bradley University in Peoria, Illinois, where he had earned an undergraduate degree a decade earlier. In Peoria, he lived with his wife and five children.

In December, 2001 he was detained as a "material witness" to suspected acts of terrorism and ultimately charged with various terrorism-related offenses, mostly relating to false statements the FBI claimed he made as part of its 9/11 investigation. Al-Marri vehemently denied the charges, and after lengthy pre-trial proceedings, his trial on those charges was scheduled to begin on July 21, 2003.

But his trial never took place, because in June, 2003 -- one month before the scheduled trial -- President Bush declared him to be an "enemy combatant." As a result, the Justice Department told the court it wanted to turn him over to the U.S. military, and thus asked the court to dismiss the criminal charges against him, and the court did so (the dismissal was "with prejudice," meaning he can't be tried ever again on those charges). Thus, right before his trial, the Bush administration simply removed Al-Marri from the jurisdiction of the judicial system -- based solely on the unilateral order of the President -- and thus prevented him from contesting the charges against him.

Instead, the administration immediately transferred al-Marri to a miltiary prison in South Carolina (where the administration brings its "enemy combatants" in order to ensure that the executive-power-friendly 4th Circuit Court of Appeals has jurisdiction over all such cases). Al-Marri was given the "Padilla Treatment" -- kept in solitary confinement, denied all contact with the outside world, including even his own attorneys, not charged with any crimes, and given no opportunity to prove his innocence. Instead, the Bush administration simply asserted the right to detain him indefinitely without so much as charging him with anything.

Last month, Congress endorsed this behavior and expressly vested the President with the power of indefinite, unreviewable detentions when it enacted the so-called Military Commissions Act of 2006. And the Bush administration has wasted no time relying on that statutory authority to justify the exercise of this extreme detention power.[…]

This is not a case of someone being detained on a battlefield or even overseas, nor is it the case of someone who entered the country illegally. He was in the U.S. legally and was detained while sitting at home. And just as he was about to start his criminal trial, the President essentially cancelled the trial and ordered him detained indefinitely and incommunicado.[...]

The denial of habeas corpus rights is the most Draconian aspect of the MCA, as it authorizes detention for life with no real review and no meaningful opportunity to prove one's innocence. Sen. Chris Dodd said prior to the election that he regrets the decision not to filibuster the MCA: "I regret now that I didn't do it . . . This is a major, major blow to who we are." And Sen. Pat Leahy, soon-to-be Chairman of the Senate Judiciary Committee, has confirmed that he is "drafting a bill to undo portions of a recently passed law that prevent terrorism detainees from going to federal court to challenge the government's right to hold them indefinitely."

That has to happen. At the very least, re-establishing habeas corpus rights for detainees is an absolute imperative. We simply cannot be a country that vests in the President the power to order people imprisoned for life with no real review of the charges against them, particularly when the detainees are not detained on any battlefield, and particularly when they are detained inside the U.S.

No more desapericidos for Bush.

Don't get me wrong: I'm good to go with everything on Pelosi's "first 100 hours" list for the House of Representatives. Let's get a grip, though: If we don't raise the federal minimum wage, we'd be a country with a crappy minimum wage until we get it fixed. But we'd still be America. And in the mean time, other states can always raise their minimum wage like Oregon did.

But once they've been taken away, Oregon by itself can't restore due process, trial by jury, the principle of innocent until proven guilty, or the right of persons imprisoned to challenge the government's case against them. And without those things, we're still America only because our dollar bills say so.