Sen. Patrick Leahy
Earth to Alberto: Habeas Corpus-update-video
Sat Jan 20, 2007 04:09
72.201.70.108



Earth to Alberto: Habeas Corpus-update-video
http://www.youtube.com/watch?v=gHjB9PcVL2w

See:

http://www.apfn.org/apfn/mca.htm

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Specter pushed back. “Wait a minute. The constitution says you can’t take it away, except in the case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus, unless there is an invasion or rebellion?” Specter told Gonzales, “You may be treading on your interdiction and violating common sense, Mr. Attorney General.” Watch it:
http://thinkprogress.org/2007/01/19/gonzales-habeas/

habeas corpus ad subjiciendum

19 January 2007
by Steven

Gonzales and Specter debate Constitutional right of habeas corpus. I think Gonzales is trying to say the Constitution prohibits suspending the right of habeas corpus for all people but doesn’t prohibit suspending it for a subset of all people. Interpret the Constitution to minimize liberty. Evil.

Gonzales and Specter debate Constitutional right of habeas corpus:

GONZALES: I will go back and look at it. The fact that the Constitution — again, there is no express grant of habeas in the Constitution. There is a prohibition against taking it away. But it’s never been the case, and I’m not a Supreme —

SPECTER: Now, wait a minute. Wait a minute. The constitution says you can’t take it away, except in the case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus, unless there is an invasion or rebellion?

GONZALES: I meant by that comment, the Constitution doesn’t say, “Every individual in the United States or every citizen is hereby granted or assured the right to habeas.” It doesn’t say that. It simply says the right of habeas corpus shall not be suspended except by —

SPECTER: You may be treading on your interdiction and violating common sense, Mr. Attorney General.

GONZALES: Um.

I think Gonzales is trying to say the Constitution prohibits suspending the right of habeas corpus for all people but doesn’t prohibit suspending it for a subset of all people. Interpret the Constitution deliberately to minimize liberty—no, more than that, to deny liberty. The Constitution guarantees the right of habeas corpus, but by ignoring commons sense, morality, ethics, context, etc. we can say: because it doesn’t specifically grant the right, it must not grant it. (Needless to say, if the Constitution doesn’t grant you a right then you don’t have it!) Evil.

(Remember who voted for the Military Commissions Act that suspends the right of habeas corpus for a subset of all people? Arlen ...ing Specter.)

 

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