Does the Boston Bomber have a right to Habeas Corpus?

[Wry Catcher]

Article I, sec. 9, clause 2 states in part: "The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion ... the public Safety may require it.

It seems this is a case of rebellion*** on the party of the surviving Naturalized US Citizen; I believe the Justice Dept. is acting legally in suspending Habeas Corpus for we do not know, and cannot know until he is interviewed/interrorated, if he and his brother acted alone.

***such a ruling might expand the legal definition of "Rebellion"; given that terrorist acts created an exigent response to what has become a concern to the security of our nation's citizenry I believe such is necessary.

For what it's worth, I also believe the surviving murderer ought to be tried in the US Trial Court and if convicted that he not be executed but sentenced to life without the possibility of parole at ADX Florence, Americas most secure prison. There he will spend 23 hours, 7 days a week of his remaining natural life in a the cell depicted in the following link.

http://en.wikipedia.org/wiki/ADX_Florence

Poll to follow

 

[LAfrique]

Article I, sec. 9, clause 2 states in part: "The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion ... the public Safety may require it.

It seems this is a case of rebellion*** on the party of the surviving Naturalized US Citizen; I believe the Justice Dept. is acting legally in suspending Habeas Corpus for we do not know, and cannot know until he is interviewed/interrorated, if he and his brother acted alone.

***such a ruling might expand the legal definition of "Rebellion"; given that terrorist acts created an exigent response to what has become a concern to the security of our nation's citizenry I believe such is necessary.

For what it's worth, I also believe the surviving murderer ought to be tried in the US Trial Court and if convicted that he not be executed but sentenced to life without the possibility of parole at ADX Florence, Americas most secure prison. There he will spend 23 hours, 7 days a week of his remaining natural life in a the cell depicted in the following link.

ADX Florence - Wikipedia, the free encyclopedia

Poll to follow

Was Right to Habeas Corpus suspended for Timothy McVeigh or Jared Loughner or James Holmes? By the way, I think the Tsarnaev brothers are likely victims of mind control. The US and Russia have tradition of manipulating people with electronic devices - HAARP.net - The Military's Pandora's Box by Dr. Nick Begich and Jeane Manning

 

[Wry Catcher]

The Constitution defines Habeas Corpus as a "Privilege" (see: Art. I, Sec 9, clause 2).

That said, do you have an on topic opinion?

 

[Wry Catcher]

Bump

 

[C_Clayton_Jones]

Article I, sec. 9, clause 2 states in part: "The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion ... the public Safety may require it.

It seems this is a case of rebellion*** on the party of the surviving Naturalized US Citizen; I believe the Justice Dept. is acting legally in suspending Habeas Corpus for we do not know, and cannot know until he is interviewed/interrorated, if he and his brother acted alone.

***such a ruling might expand the legal definition of "Rebellion"; given that terrorist acts created an exigent response to what has become a concern to the security of our nation's citizenry I believe such is necessary.

For what it's worth, I also believe the surviving murderer ought to be tried in the US Trial Court and if convicted that he not be executed but sentenced to life without the possibility of parole at ADX Florence, Americas most secure prison. There he will spend 23 hours, 7 days a week of his remaining natural life in a the cell depicted in the following link.

ADX Florence - Wikipedia, the free encyclopedia

Poll to follow

The Supreme Court has made clear the definition of ‘rebellion,’ and the conditions that must exist for habeas to be lawfully suspended. See: Ex parte Milligan (1866).

The issue is not if the individual himself is ‘in rebellion,’ but if there is ‘actual war’ taking place in a given jurisdiction. In addition, in order for habeas to be suspended, the courts in a given jurisdiction must be non-functioning.

Obviously there was no ‘actual war’ occuring during the Marathon, and clearly the state and Federal courts are functional in the Boston area.

Consequently Dzhokhar Tsarnaev may not have his habeas petition denied.

But agreed, Tsarnaev should be tried in Federal court, as there is no justification for a military tribunal, and Federal courts have a superior conviction rate.

 

[George Costanza]

Article I, sec. 9, clause 2 states in part: "The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion ... the public Safety may require it.

It seems this is a case of rebellion*** on the party of the surviving Naturalized US Citizen; I believe the Justice Dept. is acting legally in suspending Habeas Corpus for we do not know, and cannot know until he is interviewed/interrorated, if he and his brother acted alone.

***such a ruling might expand the legal definition of "Rebellion"; given that terrorist acts created an exigent response to what has become a concern to the security of our nation's citizenry I believe such is necessary.

For what it's worth, I also believe the surviving murderer ought to be tried in the US Trial Court and if convicted that he not be executed but sentenced to life without the possibility of parole at ADX Florence, Americas most secure prison. There he will spend 23 hours, 7 days a week of his remaining natural life in a the cell depicted in the following link.

ADX Florence - Wikipedia, the free encyclopedia

Poll to follow

The Supreme Court has made clear the definition of ‘rebellion,’ and the conditions that must exist for habeas to be lawfully suspended. See: Ex parte Milligan (1866).

The issue is not if the individual himself is ‘in rebellion,’ but if there is ‘actual war’ taking place in a given jurisdiction. In addition, in order for habeas to be suspended, the courts in a given jurisdiction must be non-functioning.

Obviously there was no ‘actual war’ occuring during the Marathon, and clearly the state and Federal courts are functional in the Boston area.

Consequently Dzhokhar Tsarnaev may not have his habeas petition denied.

But agreed, Tsarnaev should be tried in Federal court, as there is no justification for a military tribunal, and Federal courts have a superior conviction rate.

Game over. Well stated.

 

[CrusaderFrank]

Obama's historic.

End of story

 

[George Costanza]

For what it's worth, I also believe the surviving murderer ought to be tried in the US Trial Court and if convicted that he not be executed but sentenced to life without the possibility of parole at ADX Florence, Americas most secure prison. There he will spend 23 hours, 7 days a week of his remaining natural life in a the cell depicted in the following link.

ADX Florence - Wikipedia, the free encyclopedia

On this one, I agree with you for several reasons. I oppose the death penalty, regardless of how horrible the crime is. I have often argued that LWOP is a far more terrible punishment than the death penalty in any event, largely for the reasons you put forth here.

 

[Quantum Windbag]

Article I, sec. 9, clause 2 states in part: "The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion ... the public Safety may require it.

It seems this is a case of rebellion*** on the party of the surviving Naturalized US Citizen; I believe the Justice Dept. is acting legally in suspending Habeas Corpus for we do not know, and cannot know until he is interviewed/interrorated, if he and his brother acted alone.

***such a ruling might expand the legal definition of "Rebellion"; given that terrorist acts created an exigent response to what has become a concern to the security of our nation's citizenry I believe such is necessary.

For what it's worth, I also believe the surviving murderer ought to be tried in the US Trial Court and if convicted that he not be executed but sentenced to life without the possibility of parole at ADX Florence, Americas most secure prison. There he will spend 23 hours, 7 days a week of his remaining natural life in a the cell depicted in the following link.

ADX Florence - Wikipedia, the free encyclopedia

Poll to follow

It seems like you don't know what you are talking about. Habeus corpus cannot be suspended for a single person by executive decree, it has to be suspended for everyone at the same time.

 

[Quantum Windbag]

The Constitution defines Habeas Corpus as a "Privilege" (see: Art. I, Sec 9, clause 2).

That said, do you have an on topic opinion?

Habeus corpus is a privilege, aka entitlement, because it is something that does not exist unless there is a government. That is why the Constitution does not call it a right, even though courts do.

 

[CrusaderFrank]

Was William Ayers entitled to Habeas Corpus?

 

[Billo_Really]

The Constitution defines Habeas Corpus as a "Privilege" (see: Art. I, Sec 9, clause 2).

And it also states it shall not be taken away except in cases of rebellion or invasion.

 

[whitehall]

Article I, sec. 9, clause 2 states in part: "The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion ... the public Safety may require it.

It seems this is a case of rebellion*** on the party of the surviving Naturalized US Citizen; I believe the Justice Dept. is acting legally in suspending Habeas Corpus for we do not know, and cannot know until he is interviewed/interrorated, if he and his brother acted alone.

***such a ruling might expand the legal definition of "Rebellion"; given that terrorist acts created an exigent response to what has become a concern to the security of our nation's citizenry I believe such is necessary.

For what it's worth, I also believe the surviving murderer ought to be tried in the US Trial Court and if convicted that he not be executed but sentenced to life without the possibility of parole at ADX Florence, Americas most secure prison. There he will spend 23 hours, 7 days a week of his remaining natural life in a the cell depicted in the following link.

ADX Florence - Wikipedia, the free encyclopedia

Poll to follow

God help us when we come to the point in history where the radical left wants to suspend the Constitution because they think criminals are part of a rebellion? Bill Ayers's corpse would be still hanging from a tree if it were true.