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January 19, 2007 at 07:47:39

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Gonzales Questions Habeas Corpus

by Robert Parry     Page 1 of 3 page(s)

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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.


"Wait a minute," Specter interjected. "The Constitution says you can't take it away except in case of rebellion or invasion. Doesn't that mean you have the right of habeas corpus unless there's a rebellion or invasion?"

Gonzales continued, "The Constitution doesn't say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn't say that. It simply says the right shall not be suspended" except in cases of rebellion or invasion.

"You may be treading on your interdiction of violating common sense," Specter said.

While Gonzales's statement has a measure of quibbling precision to it, his logic is troubling because it would suggest that many other fundamental rights that Americans hold dear also don't exist because the Constitution often spells out those rights in the negative.

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.

Similarly, Article I, Section 9, of the Constitution states that "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 clear meaning of the clause, as interpreted for more than two centuries, is that the Founders recognized the long-established English law principle of habeas corpus, which guarantees people the right of due process, such as formal charges and a fair trial.

That Attorney General Gonzales would express such an extraordinary opinion, doubting the constitutional protection of habeas corpus, suggests either a sophomoric mind or an unwillingness to respect this well-established right, one that the Founders considered so important that they embedded it in the original text of the Constitution.

Other cherished rights – including freedom of religion and speech – were added later in the first 10 amendments, known as the Bill of Rights.

Ironically, Gonzales may be wrong in another way about the lack of specificity in the Constitution's granting of habeas corpus rights. Many of the legal features attributed to habeas corpus are delineated in a positive way in the Sixth Amendment, which reads:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed ... and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; [and] to have compulsory process for obtaining witnesses."

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http://www.consortiumnews.com

Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Secrecy & Privilege: Rise of the Bush Dynasty from Watergate to Iraq, can be ordered at more...)
 

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Rule 38. Jury Trial of Right

We've invested in New Mexico 12 person paid-for trials by jury. So far we've been defrauded out of our money. But we are going to push to see what we get what we paid for and are guaranteed inviolate by both New Mexio and federal constitutions. click here

by billp37 (0 articles, 0 quicklinks, 0 diaries, 38 comments) on Friday, Jan 19, 2007 at 10:26:26 AM

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They know EXACTLY what they are doing...

These people are NOT stupid, they are EVIL. They WANT to cause a major constitutional crisis over Presidential Power and the Unitary Executive so that THEIR Supreme Court can rule on it. This is a MUST for them in the next 2 years, and they will sacrifice Bush if necessary to do it. The absolute power of the POTUS is critical to the Corporate Fascist state. Like a game of chess, they are setting up a key player at the center of the board to assure control -- they will sacrifice countless other pieces to achieve their goal. CharlieL Portland, OR

by Charlie L (2 articles, 4 quicklinks, 1 diaries, 747 comments [2 recommended, 0 rejected]) on Friday, Jan 19, 2007 at 12:06:26 PM

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Reply: "They"?

A list of who "they" are, with addresses and phone numbers would be very helpful. Could "we" possibly obtain such a list?

by Daniel Geery (26 articles, 95 quicklinks, 126 diaries, 912 comments [27 recommended, 0 rejected]) on Friday, Jan 19, 2007 at 7:23:45 PM

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Reply: CyberChas

Give the man a cigar, exactly what I've been saying all along. These people operate in rings of chaos, hiding the truth of there evil powers they represent. They don't need to show there faces to exist in truth, they only need to control puppets from a maze of long strings. For many of years criminal enterprises have used a bate and switch pattern to fool the authorities. For example, send Johnny across the boarder with a pack of rolling papers to distract boarder security, well the Company sneaks across several hundred stinger missile's to sell to, lets say Iran Contras. Whether or not this has all been an elaborate scheme from the beginning to threaten our freedom or not. This truly is happening and the gates are left wide open for more of the same nonsense from corrupt political agenda's to follow.

by Fred F (1 articles, 1 quicklinks, 4 diaries, 361 comments) on Friday, Jan 19, 2007 at 10:18:07 PM

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gonzo

Let's send this illegal alien (can't produce documents for his grandparents) back to Mexico and let him see how much habeas corpus he gets in his country of origin.

by terk (0 articles, 0 quicklinks, 0 diaries, 15 comments) on Friday, Jan 19, 2007 at 7:57:49 PM

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Phoney Baloney Crony

The joke about Alberto Gonzales is that he's supposed to be the chief lawyer for the people, even if it means standing up against the government. Instead Bush has turned the very position ostensibly into another personal lawyer for himself. Remember Gonzales came straight along with Bush just like a barnacle from Texas where he was an Enron funded Judge, Bush's personal mouthpiece and got George off the hook when he lied about his past drunk driving infraction. What's wholly insulting is the sudden concern for child porn as a pretense for demanding every citizens internet records or opening citizens snail mail. Never once has Bush stated as an executive priority that child porn be tackled from the federal level, especially when so many localities, city and state law enforcement officials have so many stings and traps in place. We have children starving, flunking out and not receiving proper health care in this country. Bush's idea of helping them is going after an infinitesimal number of sex perverts while ignoring proven social programs? That's almost as stupid as throwing every facet up American life into upheaval with our fiscal future into upheaval because of 20 guys with boxcutters (while ignoring their boss). It's hard to believe the U.S, Attorney General is fighting to take away rights and freedoms from Americans and others. What a wrong guy for the job. I heard the hearings on Wednesday and I heard A-Gon being as squirmy and difficult as possible. He has a definite skill for finding ways to not answer questions, deceive by omission and cause interference, while each Senator's time clicks off the clock. Similarly, he has stalled and "gamed" the system in the Anthrax investigation and NSA case. I'll never forget Bush saying on air in an interview when asked why he felt the NSA should be able to bypass warrants mandated by FISA law. He replied dismissively "That's for the lawyers the figure out". Well, the U.S. District court appeal is coming up in which Bush will have to explain why bypassing FISA law is Constitutional. If Bush is found guilty, each count carries jail time and a $5,000 fine - he has admitted to thousands of counts. So his first move was to jettison Harriet Miers and replace her with Ronald Reagan's chief White House counsel, Fred Fielding, who has been around since the Watergate days. Not surprisingly, just days after he was hired, Gonzales announced they would now comply with FISA law as written. I can imagine the backroom meeting where he and Fielding showed Bush the letter of the law and Bush finally capitulated. While I'm speculating, I would also suggest that Bush's recent initiatives to step up internet tracking of our citizens, snoop in mail and obtain our personal financial records is a desperate attempt to find a terrorist quick to get his approval ratings up - or collect dirt on anyone that may prosecute him. This brings us back to Tricky Dick's days of paranoia and the reason FISA law was drafted in the first place. Enormous national protest movements, substansive proof of an illegal war, plummeting popularity, and Republicans jumping ship by the truckload. In truth, the NY Times revelation of bypassing thousands of NSA warrants should have been Bush's "Watergate", as should Seymour Hersh's revelation of Rumsfeld's Undersecretary secretly having soldiers conduct the type of interrogation we saw at Abu Ghraib. Not to mention the Downing Street memos in which Bush suggested painting a plane with UN colors and have it fly into hostile airspace to provoke an attack. Do not forget this has never been refuted (yet also never investigated). This is a testament to the do-nothing 109th Congress, as guilty as Bush in their complicity hiding their heads in the sand and your grandkids money in their donors' pockets. What I would suggest is for the next president to keep Gonzales as the AG, and in his/her first 100 hours, "detain" Bush, Cheney, Rumsfeld, Powell and Stephen Cambone, whisk them away to Romania for questioning, and ultimately send them to the Hague for any number of international crimes. We can remind A-Gon of his duty to prosecute them here for domestic crimes, including high crimes, misdemeanors and treason, making sure he is reminded of the arguments he's made this week about the powers of the executive.

by Gustav Wynn (77 articles, 65 quicklinks, 5 diaries, 421 comments [34 recommended, 0 rejected]) on Saturday, Jan 20, 2007 at 7:43:31 AM

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List For Daniel

Daniel, a list of who 'they' are can be found in the chapter entitled 'The Global Dominance Group' in the excellent book 'Impeach the President' edited by Dennis Loo and Peter Phillips. It is chilling to ponder how the pieces of the puzzle might fit together - suspension of habeus corpus, gutting posse comitatus, the building of detention centers ON US SOIL...

by Susan Guest (3 articles, 0 quicklinks, 0 diaries, 91 comments [1 recommended, 0 rejected]) on Saturday, Jan 20, 2007 at 8:05:46 AM

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About habeas

For over four years now the nation has maintained policies which in the words of Vice President Dick Cheney are that " we are not going to play under the old set of rules." Included in the policies are due process requirements which prevents an individual's right to question the authority and execution of arrest-- the habeas corpus remedy. Habeas lay at the very core of our Bill of Rights and assurance of the Constitution. While the attack on September 11th presented one of those "challenging and uncertain moments in our nation's history that our nation's commitment to due process is severely tested; it is in those times we must preserve our commitment to the principles for which we fight abroad." (O'Connor, Handi v Rumsfeld) . Make no mistake about it; the profiles, backgrounds and characters of those held in American custody at Guantanamo Bay ( "detainees") are of very dangerous sort. They have been linked to the September 11th attack, the attack of the U.S.S. Cole in 2000, the Bali bombings in 2002 and the 1998 attack of the US Embassy in Tanzania. But habeas and due process rights for those detainees speaks about who we are rather than who they are. What was acceptable in the aftermath of 9/11 cannot continue. America has returned to normalcy. Planes fly regularly over the skies. People have returned to work .The nation's schools and universities are open. The press and media provide free opportunity to be supportive or critical of the Administration . Elections have been held throughout the nation continuing the 'great experiment" of liberty and justice. As a nation, America is not just about military might and patriotism . We are inventors, improvers, engineers and teachers. And those of good faith who have come to recognize the potency of principles over policy . We have realized the stability which results from investing in the lands and people. We are a responsible people, able to build energy needs, design public health systems, and raise the harvest of grains and agriculture. . But we cannot do that without the core of that which has made us--our principle of freedom and liberty with the understanding that no man is either above or beneath the law. No matter how heinous the crime or intent. No matter the political charge or partisanship; no matter, wealthy or impoverished. We have returned to normalcy and must employ the very principles which are "American". Comments such as Gonzales presented reflected how warped the Administration is...

by Eliot Gould (16 articles, 0 quicklinks, 28 diaries, 200 comments [3 recommended, 0 rejected]) on Wednesday, Jan 31, 2007 at 7:49:24 PM

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