14 Nov 2005

Graham Amendment as a Violation of the Suspension Clause

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Peter Lushing of the Benjamin N. Cardozo School of Law discusses, and rejects, claims that the Graham Amendment, denying habeas review to War on Terrorism detainees held prisoner by US forces outside the territorial boundaries of the United States, constitutes a possible violation of the Suspension Clause of the Constitution, Article I, Section 9, Clause 2:

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.

to put it in the language of talk radio, the guys in the powdered wigs would have flipped over the idea that habeas extends to foreigners we are in combat with who have been captured and are being held by us abroad.

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