Crooks And Liars | July 13, 2010
Well, this is something you don't see every day. Ralph Nader hosted this interview segment with Fox News' Judge Andrew Napolitano and discussed his book, Lies the Government Told You. I'm surprised the judge is going to be allowed on Fox after making the statements he did about Bush and Cheney during the interview.
Nader: What about the more serious violations of habeas corpus. You know after 9-11 Bush rounded up thousands of them, Americans, many of them Muslim Americans or Arabic Americans and they were thrown in jail without charges, they didn't have lawyers, some of them were pretty mistreated in New York City. You know they were all released eventually.
Napolitano: Correct.
Nader: Is that what you mean also about throwing people in jail without charges violating habeas corpus?
Napolitano: Well that is so obviously a violation of the natural law, the natural right to be brought before a neutral arbiter within moments of the government taking your freedom away from you. And the Constitution itself, as the Supreme Court in the Boumediene case pretty much said, wherever the government goes, the Constitution goes with it and wherever the Constitution goes are the rights of the Constitution as a guarantee and habeas corpus cannot be suspended by the president ever. It can only be suspended by the Congress in times of rebellion which in read Milligan says meaning rebellion of such magnitude that judges can't get into their court houses. That has not happened in American history.
So what President Bush did with the suspension of habeas corpus, with the whole concept of Guantanamo Bay, with the whole idea that he could avoid and evade federal laws, treaties, federal judges and the Constitution was blatantly unconstitutional and is some cases criminal.
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