BoarSpear

Full transcript:

SPECTER: Where you have the Constitution having an explicit provision that the writ of habeas corpus cannot be suspended except for rebellion or invasion, and you have the Supreme Court saying that habeas corpus rights apply to Guantanamo detainees — aliens in Guantanamo — after an elaborate discussion as to why, how can the statutory taking of habeas corpus — when there’s an express constitutional provision that it can’t be suspended, and an explicit Supreme Court holding that it applies to Guantanamo alien detainees.

GONZALES: A couple things, Senator. I believe that the Supreme Court case you’re referring to dealt only with the statutory right to habeas, not the constitutional right to habeas.

SPECTER: Well, you’re not right about that. It’s plain on its face they are talking about the constitutional right to habeas corpus. They talk about habeas corpus being guaranteed by the Constitution, except in cases of an invasion or rebellion. They talk about John Runningmeade and the Magna Carta and the doctrine being imbedded in the Constitution.

GONZALES: Well, sir, the fact that they may have talked about the constitutional right to habeas doesn’t mean that the decision dealt with that constitutional right to habeas.

SPECTER: When did you last read the case?

GONZALES: It has been a while, but I’ll be happy to — I will go back and look at it.

SPECTER: I looked at it yesterday and this morning again.

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.

http://baltimorechronicle.com/2007/011907Parry.shtml

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What do you expect from an AG appointed by the president who says the constitution is ""just a GD piece of paper"?

And here's the video...http://thinkprogress.org/2007/01/19/gonzales-habeas/

kingoftheforest

We fought the Big Red Communist Bear for so long just to become a communist nation?

If they suspend this we have no rights whatsoever.

Hello comrades?

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gregimotis

"...there is no express grant of habeas in the Constitution. There is a prohibition against taking it away..."




Next they be arguing that this:

"...secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause..."

Doesn't mean they need warrants to search... oh, wait...

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eXcessiveForce

This is what lawyers do.

this is why contracts are 4000 pages long and you have to sign it 42 times while swearing you are you and having independent verification from a complete stranger than you are also you.

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eXcessiveFORCE.

If you must use force, make it excessive.

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kingoftheforest

Here's his royal highness himself

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BoarSpear

ROFLMAO!!

aseepish

"Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

I'm just a dumb canuck but doesn't the phrase "nor be deprived of life, liberty, or property, without due process of law" kind of imply a right to habeus corpus Mr. Attorney General?

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kingoftheforest

Thats the thing...in the court of Law implied means full of loop holes and was to double talk your way into what you want.

Only definite counts in lawyer-ese

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