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Thank you for writing to me regarding the "Habeas Corpus Restoration Act of 2007" (S. 185). I appreciate your thoughts on this legislation and welcome the opportunity to respond.
Habeas corpus is known as "the Great Writ." It provides a right to challenge in federal court the constitutionality of a person's detention, after all appeals and other challenges available in the jurisdiction of conviction have been exhausted. The right of habeas corpus is designed to ensure that innocent people do not remain in jail and are not executed. However, while habeas corpus is an important check against the misuse of government power, it is also susceptible to abuse. It is important that Congress carefully review and consider any proposed changes to laws concerning habeas corpus.
You will be pleased to know that I have decided to cosponsor S. 185, which repeals provisions of the Military Commissions Act of 2006 that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to have been properly detained as enemy combatants. Please know that I will keep your thoughts in mind should the Senate Judiciary Committee, on which I serve, or the full Senate debate this important bill and its potential effects on Constitutional due process guarantees.
Again, thank you for writing. I hope that you will continue to write on matters of importance to you. If you have any further comments or questions, please feel free to contact my Washington, D.C. office at (202) 224-3841.
Sincerely yours,
Dianne Feinstein United States Senator
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