Arlen Specter's snake bites him

[yojon]

Gonzales Questions Habeas Corpus
By Robert Parry
Consortium News

Friday 19 January 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.

Gonzales's remark left Specter, the committee's ranking Republican, stammering
_________________________________________________________________________________________________________________

Isnt this the same Arlen Specter who, at the last minute, inserted a rider into the Patriot Act saying that BushCo could replace unfriendly federal prosecutors with reptilian opertives *without* Senate approval?

Arlen must be shocked, shocked, that he is living in a fascist society.

[originalpckelly]

1. I know.

And Specter is the one. He also tried to violate the US Constitution by giving the Foreign Intelligence Surveillance Court the ability to approve of a program warrant, something which the 4th Amendment specifically prohibits.

[in_cog_ni_to]

2. I hope Arlen is happy. He and his cohorts did this! See what happens

when you crawl into bed with the devil? He BURNS YOU! WTG, Arlen.

[Marnieworld]

3. How can you take something away if it doesn't already exist?

Its clear that it exists by default. Has anyone ever argued this before? an AG? How do these people show their faces around any lawyers? They are about as unconstitutional as they can be.

We should send him constitutions like we sent roses to people.

[mikelgb]

14. you must not be fluent in double speak

[hatrack]

4. Let me guess . . . did ol' Arlen vote to confirm Gonzalez?

Magic 8-ball says . . . Most certainly!

[acmejack]

12. Your Magic 8 Ball is much more polite than mine!

Mine said "Sucka!" while a tiny trapdoor opened on the top and an arm extended and made a rude hand gesture. The hand looked a lot like that of Antonin Scalia. Concerned, I quickly checked the manufacturer of my orb, the label said it had been made by Federalist Industries...

[cosmicdot]

13. Magic 8-ball got it right

here's the vote link: 60 for; 36 against; 4 not voting

Landrieu, both Nelsons, Pryor, Salazar ... and LIEberman voted to confirm Gonazales ...
Baucus, Conrad and Inouye didn't vote

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00003

[never cry wolf]

20. In committee, straight party vote

All Dems against, all pukes for...

[Mandate My Ass]

5. Arlen "faux outrage" Specter

He's as much an ennabler of Gonzo as Gonzo is of fratpunk Bush.

They're all on the same page, trust me.

[sam sarrha]

6. there isnt much left.. what will the end look like..

[Gman]

7. For instance...

the First Amendment declares that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Applying Gonzales’s reasoning, one could argue that the First Amendment doesn’t explicitly say Americans have the right to worship as they choose, speak as they wish or assemble peacefully. The amendment simply bars the government, i.e. Congress, from passing laws that would impinge on these rights.

--------------------
absolutely frightening to see the direction they wish to take this country. I've no doubt Gonzales, et al believe just as described above.

Here's the link:

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

[EndElectoral]

9. ArticleOne, Section 9 says below:

The United States Constitution specifically included the English common law procedure in Article One, Section 9 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. ”

The writ of habeas corpus was originally understood to apply only to those held in custody by officials of the Executive Branch of the federal government and not to those held by state governments, which independently afford habeas corpus pursuant to their respective constitutions and laws. The United States Congress granted all federal courts jurisdiction under 28 U.S.C. § 2241 to issue writs of habeas corpus to release prisoners held by any government entity within the country from custody in the following circumstances:

Is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or

Is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or

Is in custody in violation of the Constitution or laws or treaties of the United States; or

Being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or

It is necessary to bring said persons into court to testify or for trial.

In 1950s and 1960s, decisions by the Warren Supreme Court greatly expanded the use and scope of the federal writ. Though in the last thirty years, decisions by the Burger and Rehnquist Courts have somewhat narrowed the writ. The Antiterrorism and Effective Death Penalty Act of 1996 further limited the use of the federal writ by imposing a one-year statute of limitations and dramatically increasing the federal judiciary's deference to decisions previously made in state court proceedings either on appeal or in a state court habeas corpus action.

Interesting link:

http://en.wikipedia.org/wiki/Habeas_corpus


....

One can see how these bastards want to keep "narrowing" our rights. It was a privilege bestorwed to us by the Founders.

[EndElectoral]

10. Wow - Great Jefferson quotes on habeus corpus below: Read Ahole Gonzales!

“Freedom of the person under the protection of habeas corpus. I deem one of the essential principles of our government.”

"Freedom of religion, freedom of the press, freedom of person under the protection of the habeas corpus; and trial by juries impartially selected, - these principles form the bright constellation which has gone before us”

[WinstonSmith4740]

8. Huh?

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

How can you not take something away that doesn't exist in the first place? Even Orwell must be spinning. :crazy: I mean, are they staying up nights to come up with this crap? And what drugs are they taking?

[Gman]

16. This is all part of their end game of

a very strict construction of the constitution.
Scalia has railed before about what he refers to as the constitution as a legal document:

“The Constitution is not a living organism, for Pete’s sake, it is legal document, and like all legal documents, it says some things and doesn’t say others,”

or how about from the same talk...

“What was ‘cruel and unusual’ and unconstitutional in 1791 remains that today. Executing someone under 18 was not unconstitutional in 1791, so it is not unconstitutional today.

Of course, Scalia is on record that he believes there is no right to privacy in the constitution, just as Thomas does and Rehnquist did.

It's all one big push to ramrod their conservative interpretation of the constitution and agenda down the American throat regardless of the huge push back by the voters in November.

[AGiordino]

11. People should not fear their Government

Government should fear the people for they are the ones who grant power that creates government.

One would begin to think that V was correct in terms of the current political environment in the Punitive States of America. Take your high school civics classes and toss all those old, venal, hedonistic, anachronistic ideas of governance out the window.
The time is Mao!
Cultural Revolution!
Denounce the Old!
Obey your betters for they know what you do not and you never shall for that is their power over you.
Shakes head sadly.
It will take years, no decades to undo the wrong-headed thinking that this administration has wrought.
Nixon was but an amateur by these standards.

[Pacifist Patriot]

15. Oh...

this is a metaphor.

I continue to be amazed that Gonzalez is still in office.

[Clinton_Co_Regulator]

17. Gonzoles needs to go.

sooner rather than later.

[indepat]

18. Arlen should be castigated and needs to be politically castrated

[BuyingThyme]

19. Snake Bites Snake

[Lasher]

21. Hey kids, it's time for the Specter and Gonzo show!

spec·ter (spěk'tər) A ghostly apparition; a phantom.

Vintage Specter, big on talk but always does Junior's bidding.

Here's a video clip of that episode of the Specter and Gonzo Show:

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