Learn from the mistakes of others

For 217 years, through boom and bust, insurgency, civil war, and terrorist attack, this Court--the oldest United States District Court in America--has carefully and prudentially administered the Writ of Habeas Corpus to secure the rights of the individual against overreaching by the executive.

Mr. Enwonwu commenced his action in this Court on March 17, 2005, had an initial hearing 25 days later, and a full evidentiary hearing two weeks after that. This Court took the matter under advisement and commenced a detailed and reflective analysis of an evidentiary record both complex and deeply disturbing.

Then on May 11, 2005, the Congress stripped this Court of jurisdiction to act in this pending case and all others like it. Though such direct congressional interference in a pending case is virtually unprecedented in all our history, this surprising mandate has gone utterly unnoticed by our people. Evidently, only where an American jury sits to validate the separation of powers among the three branches is trial court jurisdiction immune from such peremptory congressional action.

How can this be in modern day America?

For 217 years, through boom and bust, insurgency, civil war, and terrorist attack, this Court--the oldest United States District Court in America--has carefully and prudentially administered the Writ of Habeas Corpus to secure the rights of the individual against overreaching by the executive.

Mr. Enwonwu commenced his action in this Court on March 17, 2005, had an initial hearing 25 days later, and a full evidentiary hearing two weeks after that. This Court took the matter under advisement and commenced a detailed and reflective analysis of an evidentiary record both complex and deeply disturbing.

Then on May 11, 2005, the Congress stripped this Court of jurisdiction to act in this pending case and all others like it. Though such direct congressional interference in a pending case is virtually unprecedented in all our history, this surprising mandate has gone utterly unnoticed by our people. Evidently, only where an American jury sits to validate the separation of powers among the three branches is trial court jurisdiction immune from such peremptory congressional action.

How can this be in modern day America?