Attorney General Doesn't Believe Habeas Corpus is a Right

During his testimony before the Senate Judiciary Commitee last week, attorney general Alberto Gonzales spoke on a variety of subjects, including the Bush administration's role in wiretap authorization for suspected terrorists and the FISA courts that oversee granting warrants for wiretapping. One choice comment that he made that has thus far been widely overlooked my major media outlets, however, was when he directly asserted that the constitution does not grant the right of habeas corpus to individuals being tried for crimes.

Alberto Gonzales: “There is no expressed grant of habeas in the Constitution; there’s a prohibition against taking it away."

Arlen Specter: “Wait a minute. The Constitution says you can’t take it away except in case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus unless there’s a rebellion or invasion?”

Alberto Gonzales: “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 except in cases of rebellion or invasion.”

Arlen Specter: “You may be treading on your interdiction of violating common sense."
So, while there is an explicit prohibition against the government violating habeas corpus, that doesn't necessarily imply a similar right to it? Lincoln explicitly suspended habeas corpus several times during the civil war, and while his assassination may have cut short any attempt to impeach him over it its constitutionality remains dubious, and the necessity for authorizing its suspension depends on "rebellion or invasion." The Supreme Court has upheld its status as a fundamental right, citing it as "one of the centerpieces of our liberties." That it would be so casually cast aside by the man who is supposed to be safeguarding constitutional liberties as his primary job is bordering on absurdity.

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