Gonzales Questions Habeas Corpus- By Robert Parry

[kpete]

Gonzales Questions Habeas Corpus

By Robert Parry
January 19, 2007

In one of the most chilling public statements ever made by a U.S. Attorney General, Alberto Gonzales questioned whether the U.S. Constitution grants habeas corpus rights of a fair trial to every American.

Responding to questions from Sen. Arlen Specter at a Senate Judiciary Committee hearing on Jan. 18, Gonzales argued that the Constitution doesn’t explicitly bestow habeas corpus rights; it merely says when the so-called Great Writ can be suspended.

“There is no expressed grant of habeas in the Constitution; there’s a prohibition against taking it away,” Gonzales said.

Remember, they could be talking about you or me...

Some language in the new law also suggests that “any person,” presumably including American citizens, could be swept up into indefinite detention if they are suspected of having aided and abetted terrorists.

“Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission,” according to the law, passed by the Republican-controlled Congress in September and signed by Bush on Oct. 17, 2006.

Another provision in the law seems to target American citizens by stating that “any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States ... shall be punished as a military commission … may direct.”

Who has “an allegiance or duty to the United States” if not an American citizen? That provision would not presumably apply to Osama bin Laden or al-Qaeda, nor would it apply generally to foreign citizens. This section of the law appears to be singling out American citizens.

more at:
http://www.consortiumnews.com/2007/011807.html

[marmar]

1. Gonzales is twisted and evil....

That was rather obvious yesterday.

[wizstars]

2. Alberto Gonzales Goerring Goebbels

Propaganda Minister and evil b@astard

[indepat]

3. A seeming evil fascist bastard speaking solely in behalf of his solitary client

Edited for additional comment

[ChairmanAgnostic]

4. that segment just played on CSPAN II.

Gonzales is effin EVIL personified.

But remember, he is but a footsoldier. He follows orders.

Bush/Cheney are the ones who created this idea.

[brazos121200]

5. If the Constitution has a prohibition against taking away

Habeas Corpus, then there is an implied right to Habeas Corpus. This seems obvious to me. Am I wrong?

[teryang]

6. Logic has no place in a dictatorship

Of course you are right.

[ItsTheMediaStupid]

7. Habeas Corpus dates back to the Magna Carta as precedent

IMO, it isn't explicitly granted because it was already an established part of English law.

The idea that we don't have that right goes against over 700 years of legal history.

[Faryn Balyncd]

18. Habeas Corpus - just another "quaint" idea........

Isn't it grand to have Gonzales around to debunk all these "quaint" ideas?

[ItsTheMediaStupid]

8. Self deleted dupe

[Cocoa]

9. to argue otherwise is nonsensical

when I saw the video of Gonzales making that argument I couldn't believe it.

[WinkyDink]

14. No, you're not wrong! It's Logic 101.

[TahitiNut]

16. Rights are not 'implied,' they're inalienable.

It is not the job of the Constitution to enumerate, grant, confer, or accord in any way the Rights of the People. It is solely by the Rights of the People that the Constitution gains its legitimacy - it is SUBORDINATE to those Rights, not the grantor of them.

It's the job of the Constitution to efine the LIMITS of federal government authority and power - authority that extends ONLY to those granted by the People in the Constitution.

For Gonzales to even suggest otherwise is a GROSS dereliction of his duty to be The Peoples's chief law enforcement official - The People's Lawyer. It was an obscenity for him to imply that such a right was not 'grated' and long pre-existed the Constitution, which states

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.

He does NOT deserve to be licensed to practice law ... no way, no how.

[bvar22]

10. This is especially disturbing.

Bush* administration officials have stated that people who criticize the president are aiding the enemy.

Connect the dots. :scared:

[pberq]

11. Kick & Nominated - let's keep this front and center

[mopinko]

12. this twist looks so familiar.

just like the constitution does not have a right to privacy. hmmmm.

[WinkyDink]

13. OMG, that is moronic, apologies to morons!

there’s a prohibition against taking it away

WTH????????? How can something be TAKEN AWAY if it ISN'T THERE to begin with?? Does Gonzalez think we buy cans of Habeas Corpus at the STORE, that it isn't something WE ALL HAVE??

Senators should ask Gonzalez if he thinks HE is entitled to it. Or would be, in the future. HEH.

[BuyingThyme]

15. Where are the Congressional calls for him to resign?

Is that off the table, too?

[TahitiNut]

17. Apparently there's a whole lot that's "off the table."

Honor. Duty. Justice. Accountability. Impeachment. usw.