Yesterday, during Senate Judiciary Committee hearings, Attorney General Alberto Gonzales claimed there is no express right to habeas corpus in the U.S. Constitution. Gonzales was debating Sen. Arlen Specter (R-PA) about whether the Supreme Courts ruling on Guantanamo detainees last year cited the constitutional right to habeas corpus. Gonzales claimed the Court did not cite such a right, then added, There is no express grant of habeas in the Constitution.
Specter pushed back. Wait a minute. The constitution says you cant take it away, except in the case of rebellion or invasion. Doesnt that mean you have the right of habeas corpus, unless there is an invasion or rebellion? Specter told Gonzales, You may be treading on your interdiction and violating common sense, Mr. Attorney General.
