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Dating back to the Magna Charta, the Great Writ of Habeas Corpus has been recognized as one of the chief, if not the chief, safeguard in common law against the arbitrary imprisonment of citizens by a despot. The U.S. Constitution recognizes this right in 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."
In what has to be considered one of the most chilling examples to date of the Bush administration's callous and dangerous disregard for fundamental rights, on January 18 Attorney General Alberto Gonzales insisted that U.S. citizens do not actually enjoy such protections. During testimony before the Senate Judiciary Committee, Gonzales insisted in an exchange with Senator Arlen Specter (R-Pa.), "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 ..." Senator Specter, to his credit, abruptly interrupted the attorney general's weasel-worded attempt to justify subversion of the long-recognized ...