SCOTUS Grants Guantanamo Prisoners Habeas Corpus

[flaja]

Originally Posted by tw

An additional point. George Jr attempted to suspend the constitutionally guaranteed right of Habeas Corpus. That right can be suspended only during war. George Jr's presidential signings (that we know about) have essentially declared America at war. This Supreme Court ruling says the writ of Habeas Corpus has not been suspended - implying that America is not at war.

Interesting question remains: what will the administration do this time to subvert the court's ruling.

This court ruling has suspended the July trial of Hamdan. This court ruling comes with cheers from virtually the entire Military Judge Advocate corp who have been appalled at the perversion of American laws, military justice, massive violations of basic human rights, and routine use of torture.

Habeas corpus is not an absolute right, and a declared state of war isn’t the only reason for suspending habeas corpus:

U.S. Constitution Article I

“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.”

9-11 could be construed as an invasion and thus habeas corpus could be suspended. But the problem here is how do we know when the invasion is over? The way GWB is fighting his so-called war on terror means that victory parameters don’t exist. Thus we could theoretically be perpetually in danger and habeas corpus could be suspended indefinitely.