[Vision2020] This Attorney General Has to Go?

[Sue Hovey]

Dear Lord....so it isn't a right unless it's a completely expressed power 
that states, "everyone has the right to habeas corpus except ......"

And if you followed the appeals court decision yesterday relative to the 
prisoners in Guantanamo that group went even further.

Saw a placard the other day which read, "It's ok.  I wasn't using my civil 
rights anyway."

Sue Hovey
----- Original Message ----- 
From: "Andreas Schou" <ophite at gmail.com>
To: "Tony" <tonytime at clearwire.net>
Cc: <vision2020 at moscow.com>
Sent: Thursday, February 22, 2007 4:02 PM
Subject: Re: [Vision2020] This Attorney General Has to Go?


> On 2/22/07, Tony <tonytime at clearwire.net> wrote:
>> Nick, would it be reasonable to expect you to quote A.G. Gonzales' entire
>> message with regard to habeas corpus?  One might otherwise suspect, after
>> all, that you are quoting him out of context.  He does seem like a
>> reasonable man......   You don't having anything against Hispanics in 
>> this
>> administration do you?  I know that the diversity of the Bush cabinet has
>> caused consternation for more than a few.
>
> Tony --
>
> Here is the entire context in which it appears:
>
>    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.
>
> What part of this don't you understand?
>
> -- ACS
>
> P.S. to Sunil: I promise this will be my last time! I promise!
>
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