Reply #6: quoted on habeas corpus....from U.S. Const.> RE: Get a load of this...from AG Alberto Gonzales

[ScottGregory]

Here is the exact quote..

“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. “ Art. 1, sect. 9, clause 2, Const. of the U.S. (entire text)

OK….clearly that means that all persons apprehended have a right (? Privilege) of access to the courts (that’s what habeas corpus means…an apprehended person has a right to plea and review of his detainment promptly by a court), and that privilege can only be “suspended” not just in cases of rebellion or invasion (notice…not WAR !! only rebellion or invasion), but when in the context of those conditions, the “public safety may require it” Not a sure thing, the removal of habeas…even in times of invasion or rebellion….but only when an invasion or rebellion “may” require it….this is exceedingly limited. The citizenry have to be taking up arms against the government, or planes bombing and navies of foreign nations appearing on the lands and shores of the states; foreign soldiers parachuting down into mid-town Manhattan….. etc. etc. LOL!

Now where does Dubya’s excuse for an Attorney General, TexMex Gonzales get his interpretation (see below)…..inquiring minds would like to know…oh, yes, we already know…he just made it up. The “Nazi-like” BIG LIE, say it, repeat it often enough, and people will…and then you can re-write history.
--SG
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What Gonzales, Specter said
Excerpts from the exchange between Attorney General Alberto Gonzales and Sen. Arlen Specter, R-Pa., at a Senate Judiciary Committee hearing Jan. 17:
Gonzales: There is no express grant of habeas in the Constitution. There's a prohibition against taking it away. ...
Specter: Wait a minute. Wait a minute. The Constitution says you can't take it away except in cases of rebellion or invasion. Doesn't that mean you have the right of habeas corpus unless there's 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. Doesn't say that. It simply says the right of habeas corpus shall not be suspended except...
Specter: You may be treading on your interdiction and violating common sense, Mr. Attorney General.