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Originally posted by Spanky
We don't want to be holding innocent people. However, we also don't want foreign nationals in foreign countries to have any rights in relation to the United States. The way to solve the problem of innocent people being held is not giving them the right of Habeas Corpus.
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Why don't we want foreigners to have any rights? Do you not believe that all men are created equal, and entitled to life, liberty and the pursuit of happiness?
Why does a "conservative" want to limit a procedure that's been part of our traditions since 1305?
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What is so absurd about your hypo is that as I understand it, only "innocent" men would get a hearing.
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The hypo was that he's innocent, not the law.
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I can't imagine a situation where the executive branch would admit they are holding an innocent man. If they were holding them, and they were asked why, I am sure they would give a reason.
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Try harder. Where have you been living for the last six years?
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If on the other hand you are saying we should give the writ to every foreign national the United States detainees overseas, well that is just crazy.
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Why? If, e.g., the person is an enemy combatant, we have every right to hold him, and the writ of habeas corpus does him absolutely no good.
It's a way to have your claim heard, not a "Get of Jail Free" card.
