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Dead Constitution
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Title: Impeach Gonzales (AG GONZALES: NO RIGHT OF HABEAS CORPUS IN CONSTITUTION)
Source: Daily Kos
URL Source: http://www.dailykos.com/story/2007/1/18/15219/0788
Published: Jan 18, 2007
Author: "mcjoan"
Post Date: 2007-01-18 17:33:25 by aristeides
Keywords: None
Views: 96
Comments: 4

Impeach Gonzales

by mcjoan
Thu Jan 18, 2007 at 12:22:18 PM PST

A reader transcribed this exchange concerning habeas corpus from today's Senate Judiciary Committee hearings (no official transcript yet):

Specter: Now wait a minute, wait a minute. The Constitution says you can't take it away except in the case of invasion or rebellion. Doesn't that mean you have the right of habeas corpus?

Gonzales: I meant by that comment that the Constitution doesn't say that every individual in the United States or every citizen has or is assured the right of habeas corpus. It doesn't say that. It simply says that the right of habeas corpus shall not be suspended.

Article I, Section 9:

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.

Alberto Gonzales should not only be impeached for his willfully obtuse interpretations of the Constitution, he should be disbarred.

Post Comment   Private Reply   Ignore Thread  

#1. To: aristeides (#0) (Edited)

Impeach Gonzales

Right...and who's going to do that? The GOPhers, who have proven to be fascists? The dems who want hitlery to have all that power for her and her AG to abuse in 2009?

The republic is dead. Deal with it. Or pray for one of the fabled lost soviet suitcase nukes to be real and be used to clear the fever swamp on the Potomac. I used to think that it would be a tragic loss of cool historical buildings, but I think I could get over that after a few minutes.

"First I'm gonna bother everybody I meet, and then I'll probably go home and get drunk."

orangedog  posted on  2007-01-18   18:04:10 ET  Reply   Trace   Private Reply  

I wish that I could say, "Unbelievable," but with this fascist regime...

Dr.Ron Paul for President

Lod  posted on  2007-01-18   18:09:45 ET  Reply   Trace   Private Reply  

the Constitution doesn't say that every individual in the United States or every citizen has or is assured the right of habeas corpus.

Indeed, weird, dwarfish Mayans don't have such a right because the only right they ever had was to supply their demented kings with their own blood and flesh and that of their own kids for the king to drink, eat or waste as the king pleased. So, no rights to his own corpus for Gonzales.

Antiparty - find out why, think about 'how'

a vast rightwing conspirator  posted on  2007-01-18   18:19:23 ET  Reply   Trace   Private Reply  

Magna Carta, 1215

38. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his "law" without credible witnesses brought for this purposes.

39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.

40. To no one will we sell, to no one will we refuse or delay, right or justice.

The Petition of Right, 1628

V. Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices by your Majesty's writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your Privy Council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.

Habeas Corpus Act, 1679

§ 1. WHEREAS great delays have been used by sheriffs, gaolers and other officers, to whose custody, any of the King's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus, and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the King's subjects have been, and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation.

2. For the prevention whereof, and the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters; be it enacted by the King's most excellent majesty . . . That whensoever any person or persons shall bring any habeas corpus directed unto any sheriff or sheriffs, gaoler, minister or other person whatsoever, for any person in his or their custody, and the said writ shall be served upon the said officer, or left at the gaol or prison with any of the under-officers . . .shall, within three days after the service thereof as aforesaid, . . . if he shall be remanded by the Court or Judge to which he shall be brought according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ; and bring, or cause to be brought, the body of the party so committed or restrained, unto or before the Lord Chancellor, or Lord Keeper of the great seal of England for the time being, or the Judges or Barons of the said Court from which the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment, . . .

Men fought and died to get these words enacted. Real men whose boots these bootlicking officleholders and their toadies are not worthy to tie.

THERE'S NOT ONE DOUBT IN MY MIND THAT WE WILL FAIL - GW Bush

randge  posted on  2007-01-18   18:41:23 ET  Reply   Trace   Private Reply  

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