“The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended.”
U.S. Attorney General Alberto Gonzales, responding to questions from Sen. Arlen Specter at a Senate Judiciary Committee hearing on Jan. 18, 2007.
Article I, Section 9 states “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.”
Last I checked, the United States not been invaded, nor is the United States in a state of rebellion … and apparently, Alberto Gonzales thinks that if a right hasn’t been expressly granted, then it doesn’t exist (and thus, there’s nothing to suspend).
This despite the fact that in Hamdi v. Rumsfeld, 542 U.S. 507 (2004), the Supreme Court reaffirmed the right of United States citizens to seek writs of habeas corpus even when declared enemy combatants.
Cannot wait until November 4, 2008, and January 20, 2009.