Sherry Chandler » Habeas Corpus
Habeas Corpus
Here’s the money quote from Jeffrey Toobin’s New Yorker article on the Military Commissions Act of 2006, the one that killed habeas corpus for the Bush detainees:
Justice John Paul Stevens, in his opinion in Rasul v. Bush, observed pointedly, “Executive imprisonment has been considered oppressive and lawless since John, at Runnymede, pledged that no free man should be imprisoned, dispossessed, outlawed, or exiled save by the judgment of his peers or by the law of the land. The judges of England developed the writ of habeas corpus largely to preserve these immunities from executive restraint.” Or, as Justice Sandra Day O’Connor wrote in Hamdi v. Rumsfeld, a related case that was also decided in 2004, “We have long since made clear that a state of war is not a blank check for the President.”
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