The Wake

A. General Gonzales: The fact that the Constitution—
again, there’s no express grant of Habeas
in the Constitution—
there’s a prohibition against taking it away.
But um, there’s—
it’s never been the case.
I’m not aware of a Supreme—

The Arlen Specter: Now wait a minute, wait a minute.
The Constitution says
you can[no]t take it away
except in the case
of invasion or
rebellion.
Does[no]t that mean
you have the right
of Habeas Corpus?

A. General Gonzales: I meant by that comment that
the Constitution does[no]t say
every individual in the United States
or every citizen is hereby granted
or assured
the right of Habeas—

It does[no]t say that.

It simply says
that the right
of Habeas Corpus
shall not be suspended.

Constitution: Article 1, Section 9:
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.

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