Anonymous ID: 133434 Oct. 5, 2020, 8:38 a.m. No.10932373   🗄️.is 🔗kun   >>2409 >>2489

i'm no lawfag but,

'habeas corpus' can be suspended during times of insurrection.

 

Interdasting as we are seeing a literal domestic insurrection with overwhelming evidence shown publicly, to overthrow a duly elected President.

 

so what about the unaccountable oligarchy, manipulating the strings of politicians to manipulate the people.

 

==The suspension of America's

oldest freedom: habeas corpus==

 

Habeas Corpus suspended:

 

A fundamental human right guaranteed for eight centuries can be denied, both for both citizens and non-citizens at any time.

 

Robert Parry of the Baltimore Chronicle wrote:

 

"Under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called 'unlawful enemy combatants,' Bush and the Republican-controlled Congress effectively created a parallel legal system for 'any person' – American citizen or otherwise – who crosses some ill-defined line."

 

He is referring to the Military Commissions Act of 2006 which was signed into law during 2006-OCT. It strips federal courts of the authority to hear habeas corpus suits by those persons who have been classified by the government as "enemy combatants." The law contains a section stating that:

 

"… any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States … shall be punished as a military commission … may direct."

 

The phrase "any person" would seem to include everyone, whether they are a citizen of the United States or a non-citizen.

 

Once a person is detained:

 

"… no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever … relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions."

 

The phrase "any claim or cause of action whatsoever" would seem to include a writ of habeas corpus.

 

Senators Patrick Leahy, (D-VT), the Chairperson of the Judiciary Committee and Arlen Specter (R-PA), the committee's ranking Republican have co-sponsored a bill to repeal this law.

 

https://www.religioustolerance.org/habeas.htm