[Vision2020] This Attorney General Has to Go?

[Andreas Schou]

On 2/22/07, Tony <tonytime at clearwire.net> wrote:
> Nick, would it be reasonable to expect you to quote A.G. Gonzales' entire
> message with regard to habeas corpus?  One might otherwise suspect, after
> all, that you are quoting him out of context.  He does seem like a
> reasonable man......   You don't having anything against Hispanics in this
> administration do you?  I know that the diversity of the Bush cabinet has
> caused consternation for more than a few.

Tony --

Here is the entire context in which it appears:

    SPECTER: Where you have the Constitution having an explicit
provision that the writ of habeas corpus cannot be suspended except
for rebellion or invasion, and you have the Supreme Court saying that
habeas corpus rights apply to Guantanamo detainees — aliens in
Guantanamo — after an elaborate discussion as to why, how can the
statutory taking of habeas corpus — when there's an express
constitutional provision that it can't be suspended, and an explicit
Supreme Court holding that it applies to Guantanamo alien detainees.

    GONZALES: A couple things, Senator. I believe that the Supreme
Court case you're referring to dealt only with the statutory right to
habeas, not the constitutional right to habeas.

    SPECTER: Well, you're not right about that. It's plain on its face
they are talking about the constitutional right to habeas corpus. They
talk about habeas corpus being guaranteed by the Constitution, except
in cases of an invasion or rebellion. They talk about John
Runningmeade and the Magna Carta and the doctrine being imbedded in
the Constitution.

    GONZALES: Well, sir, the fact that they may have talked about the
constitutional right to habeas doesn't mean that the decision dealt
with that constitutional right to habeas.

    SPECTER: When did you last read the case?

    GONZALES: It has been a while, but I'll be happy to — I will go
back and look at it.

    SPECTER: I looked at it yesterday and this morning again.

    GONZALES: I will go back and look at it. The fact that the
Constitution — again, there is no express grant of habeas in the
Constitution. There is a prohibition against taking it away. But it's
never been the case, and I'm not a Supreme —

    SPECTER: Now, wait a minute. Wait a minute. The constitution says
you can't take it away, except in the case of rebellion or invasion.
Doesn't that mean you have the right of habeas corpus, unless there is
an invasion or rebellion?

    GONZALES: I meant by that comment, the Constitution doesn't say,
"Every individual in the United States or every citizen is hereby
granted or assured the right to habeas." It doesn't say that. It
simply says the right of habeas corpus shall not be suspended except
by —

    SPECTER: You may be treading on your interdiction and violating
common sense, Mr. Attorney General.

    GONZALES: Um.

What part of this don't you understand?

-- ACS

P.S. to Sunil: I promise this will be my last time! I promise!