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Gonzales: ‘There Is No Express Grant of Habeas Corpus In The Constitution’

Yesterday, during Senate Judiciary Committee hearings, Attorney General Alberto Gonzales claimed there is no express right to habeas corpus in the U.S. Constitution. Gonzales was debating Sen. Arlen Specter (R-PA) about whether the Supreme Court's ruling on Guantanamo detainees last year cited the constitutional right to habeas corpus. Gonzales claimed the Court did not cite such a right, then added, "There is no express grant of habeas in the Constitution."

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."

As McJoan noted  http://www.dailykos.com/storyonly/2007/1/18/15219/0788 the right of habeas corpus is clear in Article I, Section 9, Clause 2 of the Contitution: "The 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."

homepage: homepage: http://thinkprogress.org/2007/01/19/gonzales-habeas/

Rebellion or Invasion 20.Jan.2007 15:30


Isn't it clear that what we need is fundamental change in our institutions instead of depending on lame analyses of what's already in the Constitution?

Our non-representatives can always claim we're members of a rebellion or that we've been invaded by terrorists if they think they need any justification at all.

I couldn't care less what the Constitution says about the right to bear arms or habeas corpus. What matters is what's right, what we value enough that it causes us to act.

Expect resistance.

About lies 20.Jan.2007 19:30


My father always said if you tell a lie often enough, people will believe it's true.

Obviously, this is a "strategy" this adminstration has mastered.

restoration of habeas corpus 20.Jan.2007 22:56


if you want to fight for the restoration of habeas corpus get involved at


join the project!!

same shit different pile 21.Jan.2007 09:24


Stop the continuation of government -- abandon the snivelling parasites.

These so-called elite cannot do anything without your slavish sheeple devotion.

Fuck their democracy -- its time for you to wake up and learn what it means to be truly free.

Oh, good! 22.Jan.2007 11:35


No habeaus corpus? Let's pick up Alberto today.