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HOUSTON HOME JOURNAL
U.S. Supreme Court rules on legality of Gitmo detainees
Dear Readers, This
week, we return
to the thorny legal
dispute between the Bush
Administration and the
United States Supreme
Court over the detainees at
Gitmo in Guantanamo Bay.
Twice bpfore, the Court had
warned the Administration
that the decision to indefi
nitely detain those suspect
ed of being “enemy com
batants” was suspect. Two
weeks ago, the Court issued
its final decision that this is
illegal.
There is a bit of legal his
tory here and context to this
opinion. As you may recall
from earlier articles, the legal
thicket is over the ancient
Writ of Habeas Corpus.
This Latin phrase means
“to produce the body” and
is an entrenched part of
our legal inheritance from
'Back
M\ t the ripe old age
/\ of 19, when mama
X Jkand daddy didn’t
have a clue - back when I knew
it all!” The popular song by the
duo Montgomery Gentry is a
retrospective look by a man,
maybe about your age, reflect
ing on how foolish and imma
ture he was in his youth.
Can you think back to a
time when you were unbe
lievably naive, or inordinate
ly cocky? When you made
brash claims and did things
that would make you shake
your head in disbelief today?
“I’m learning so much
more than back when I knew
it all!” When I think back to
those times, I can remem
ber them, but it feels like a
different life! For example,
I look at my very first per
formance review in a mana
gerial position after college,
and I wonder why they kept
me employed! Nothing I did
was malicious or even dam
aging; I was just ignorant. I
contributed little of value!
Mark Twain understood
the phenomenon. Twain
described it this way: “When
I was a boy of 14, my father
was so ignorant I could hard
ly stand to have the old man
around. But when I got to
be 21, I was astonished at
how much the old man had
learned in seven years!” We
all see the world through our
own experiences. It’s so easy
to point out the deficiencies
that exist “out there.”
“I’ll never be as smart as I
SIDEWALK
From page 4A
except woods.
We mentioned that the side
walk gave way to a crosswalk at
Russell Parkway and said that
if anybody from the neighbor
hoods up the street used the
sidewalk, it would more than
likely be in an attempt to cross a
very busy intersection.
We said that made us very
concerned. Today we want to
raise that to “alarmed!”
Yesterday one of us just hap
pened to be at that intersection
during the height of traffic leav
ing the base. And at the same
time we noted four youths on
bicycles waiting to cross.
Only two, one first then the
other, got impatient and took
matters into their own hands.
They attempted to cross - riding
- prior to being given the proper
signal via the light changing.
The first made it with traffic
only having to slow some but
if they had not, he would have
been hit. The second made it
only after bringing traffic to a
near-screeching halt.
At that speed, both youths
- and a major pileup - are only
alive today by sheer luck or the
grace of God.
The crosswalks are clearly
marked in brilliant white. The
crossing lights are brand new
and functioning just the way
they ought to be. But stupidity
has apparently trumped those
efforts.
Something more has to be
done, even if it’s to build a cross
walk over the parkway.
We hate to suggest that (you
elected them to best decide how
to spend your dollars, not us),
but that new sidewalk - even
though its intent was meant to
be a good thing for the city’s
residents - has in turn created
a situation where somebody is
going to hurt, if not killed, if
something further isn’t done.
The'Law'Man
Jim
Rockefeller
Attorney, •
Rockefeller
Law Center
England. It requires that a
person be brought before a
judge to justify continuing
detention.
During the colonial strug
gle, English Governors
would arrest perceived colo
nial miscreants and hold
them, indefinitely, without
legal recourse.
The justification for doing
so was that while the colo
nists were members of the
British Empire, they were
not entitled to all of the
when I knew
Building Future Leaders
Dennis
Hooper
Your
Leadership
Coach
once was, back when I knew
it all.” As we assume some
responsibility in life, some
of us transition to thinking
that our position requires us
to know it all. And we fear
that if we don’t know it all,
we won’t be respected.
Occasionally I’ll work with
an individual who acts like he
or she knows how everything
should work. The operative
word here is “should.” He
(or she) can describe what
the politicians should do to
reduce taxes, how suppliers
should be more flexible in
charging for their services,
and why employees should be
more willing to adjust their
schedules on short notice.
In reality, none of us have
enough control to make the
world function like we think
it should!
j£lect
Cullen
Talton
SHERIFF
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* Our 4-year degrees. Your career.
rights of English citizens
- you may remember that
whole “taxation without rep
resentation” dust-up that
led to a little disagreement
with Mother England.
If you look around at mod
ern, less-desirable regimes,
this is a common terror tac
tic, e.g., ■arrest people for
political motivations with
out providing them adequate
recourse to an independent
judiciary.
Our Constitution is a won
derful document and gov
ernment blueprint. What we
all need to remember is that
it was a somewhat “reac
tionary” document, designed
to prevent the Federal
Government from repeating
the ugliness of British ham
fisted colonial rule.
Its approach to Habeas
Corpus is an example of this
observation. Section 9 of
My work with leaders
stimulates them to consider
new possibilities and reflect
on why the outcome is dif
ferent (better) than when
they executed the old way.
Albert Einstein, recognized
by most as an intelligent
individual, is quoted as hav
ing said, “Insanity is doing
the same thing over and over
again and expecting a differ
ent result.”
“Man, I can’t believe all
the answers I’ve found since
back when I knew it all.” At
some point in time, most of
us realize we don’t have all
the answers. Only then do
we become open to consider
ing new alternatives.
Though I help my clients
build their leadership skills,
that’s not their greatest prog
ress. They value most the
awareness they gain. They
are more willing to actively
engage their colleagues and
direct reports, seeking col
laborative insights. They
intentionally ask energizing
questions that generate cre
ative thinking about “what
could be.” .
“I’ve done some growing
up. And I’m still growing
up.” Good leaders create an
Paid lor by the Friends ol Cullen Talton:
Article I of the Constitution,
I, § 9, cl. 2 Suspension Clause,
U.S. Const.,, which provides
that “(t|he Privilege of the
Writ of Habeas Corpus shall
not be suspended, unless
when in Cases of Rebellion
or Invasion the public Safety
may require it.”
This, then, is the issue in
the stand-off between the
Administration and the
Supreme Court, e.g., had the
suspension of Habeas Corpus
be legally suspended.
In Round One, the Court
said that the detention of
enemy combatants fight
ing against our forces in
Afghanistan was legal.
In Round Two, the
Supreme Court ruled that
Congress’ enabling legis
lation for the detentions
granted Habeas overview to
Federal District Courts.
In Round Three, the
tall 7
environment that encour
ages growth for the future.
They avoid telling others
“what should be.” Instead
they invite inquisitive explo
ration, realizing the value of
diverse experiences and per
spectives. They offer their
direct reports challenging
opportunities, yet they pro
vide support in the form of
clear expectations, resources,
and encouragement.
How about you? Imagine
if I were to interview those
who take direction from you.
Would they tell me that you
are closer to being a “know
it-all” or to being a person
who is open to paradigm
shifting insights? Are you
respected for having all the
answers or for knowing the
right questions to ask?
Dennis Hooper helps leaders
of healthy organizations build
more robust cultures. Contact
Dennis at dhooper2(wjuno.
com or 478-988-0237. His
website is www.buildingfu
tureleaders.com.
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AS Qmjj Commissfaneit
Tom McMichael is a community leader,
fiscally responsible and experienced in
County Government. He has been point
Commissioner for Law Enforcement, Public
Works, Solid Waste, Planning and Zoning,
County Budget and SPLOST Project.
Tom brings to the county experience,
knowledge, dedication, and the commitment
to continue the quality of life all the people of
Houston County deserve and expect. Also to
keep your county strong financially.
AvMewisupputtMrJ
Ileus McMshael f
will fee I
Paid for by Friends^fTomMcMichae^
646 1 1
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Supreme . Court said that
Congress’ attempt to strip
Federal District Courts of
Habeas overview for pend
ing cases was ineffective.
Hence, the Court did not
address the “ultimate issue”
on whether or not ALL
Gitmo detainees had a right
to appeal to federal courts
for Habeas relief.
For constitutional schol
ars, this has created a very
interesting issue. At the
Administration’s urging,
Congress attempted to sus
pend the right of Habeas
Corpus and force the detain
ees through the military tri
bunal system created by the
Administration.
In theory, Congress has
this right as our Federal
Court system is a crea
ture of Congress, not the
Constitution.
However, the Supreme
Assessing Your
Leadership Skills
-SBS/person
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McMichael
Houston County
Commissioner
Post 5
SATURDAY, JUNE 28, 200 S ♦
Court sits as a co-equal part
ner with the President and
Congress. This gives the
Supreme Court the same
charge as Congress and the
President to safeguard our
Constitution against unwar
ranted intrusions. Since the
Supreme Court is the high
est legal authority, it gets
final say on the meaning
of the Constitution, as it
did with the Writ of Habeas
Corpus. We will explore this
more next week.
Local attorney Jim
Rockefeller owns the
Rockefeller Law Center and
is a former Houston County
Chief Assistant District
Attorney, and a former Miami
Prosecutor. Visit www.rocke
fellerlawcenter.com to submit
confidential legal questions,
and to review former arti
cles and Frequently Asked
Questions.
F. Dennis Hooper
Certified
Leadership Development Coach
Building leaders and
organizations of excellence
(478) 988-0237
5A
1647 13
dhooper2#juno.com
65264
>.65526 '