Unfortunately, we lost the first round in the fight against the amendment I wrote about on Wednesday, which strips Guantánamo detainees of their right to challenge their detentions in U.S. courts. It’s really frustrating that in addition to Lindsey Graham, who sponsored the amendment, and who previously seemed to understand that throwing away your country’s values in the name of protecting your country is neither decent nor wise, we lost several Republicans who had been on our side, including Susan Collins, Olympia Snowe, and even John McCain. (It’s not even surprising that Joe Lieberman also voted against the Constitution.)

But don’t despair yet. This was a 49-42 vote, and basic rights are still salvageable. Senator Bingaman will be introducing a substitute amendment next week that removes the part of Graham’s amendment that bans prisoners from challenging their incarceration. We only need to peel off a few votes. Call your senators again, and if they’re among the more crucial votes –

Brownback (R- KS) (202) 224-6521

Collins (R - ME) T: (202) 224-2523 F: (202) 224-2693

Dewine (R -OH) T: (202) 224-2315 F: (202) 224-6519

Domenici (R-NM) (202) 224-6621

McCain (R - AZ) T: (202) 224-2235 F: (202) 228-2862

Snowe (R - ME) T: (202) 224-5344 F: (202) 224-1946

Warner (R - VA) T: (202) 224-2023 F: (202) 224-6295

Hagel (R - NE ) T: (202) 224-4224 F: (202) 224-5213

Conrad (D - ND)T: (202) 224-2043 F: (202) 224-7776

Landrieu (D - LA) T: (202)224-5824 F: (202) 224-9735

Lieberman (D - CT) T: (202) 224-4041 F: (202) 224-9750

Nelson (D - NEB) T: (202) 224-6551 F: (202) 228-0012

Wyden (D - OR) T: (202) 224-5244 F: (202) 228-2717

– annoy friends and relations until they make calls as well. This is urgent. If this amendment goes through, we’re handing the government power to throw anyone into prison for any reason. This would be a frightening power to give to anyone, under any circumstances, but today it isn’t a theoretical threat. They’ve already abused this power. We’ve seen completely innocent people murdered while in military detention. Many prisoners at Guantánamo were guilty of nothing more than being at the wrong place at the wrong time. Some were sold into detention. And as hilzoy points out over at Obsidian Wings, we continue to hold prisoners at Guantánamo even after we know that they are not enemy combatants. If Lindsey Graham’s atrocity goes through, those perfectly innocent people will have no means of challenging their status, no means of escape.