
Originally Posted by
leo9
We know the following to be true;
- On April 27, 1861, the writ of habeas corpus was suspended by President Abraham Lincoln in Maryland and parts of midwestern states, including southern Indiana, during the American Civil War. Lincoln did so in response to riots, local militia actions, and the threat that the border slave state of Maryland would secede from the Union, leaving the nation's capital, Washington, D.C., surrounded by hostile territory. Lincoln chose to suspend the writ over a proposal to bombard Baltimore,
- In 1942, eight German saboteurs, including two U.S. citizens, who had entered the United States were convicted by a secret military court set up by President Franklin Delano Roosevelt. In Ex parte Quirin (1942)[12] the U.S. Supreme Court decided that the writ of habeas corpus did not apply, and that the military tribunal had jurisdiction to try the saboteurs, due to their status as unlawful combatants.
- In the aftermath of the Japanese attack on Pearl Harbor martial law was declared in Hawaii and habeas corpus was suspended, pursuant to a section of the Hawaiian Organic Ac. The period of martial law in Hawaii ended in October 1944.
- The November 13, 2001 Presidential Military Order purported to give the President of the United States the power to detain non-citizens suspected of connection to terrorists or terrorism as enemy combatants. As such, that person could be held indefinitely, without charges being filed against him or her, without a court hearing, and without legal counsel. Many legal and constitutional scholars contended that these provisions were in direct opposition to habeas corpus, and the United States Bill of Rights. However in Hamdi v. Rumsfeld (2004)[15] the U.S. Supreme Court re-confirmed the right of every American citizen to access habeas corpus even when declared to be an enemy combatant. The Court affirmed the basic principle that habeas corpus could not be revoked in the case of a citizen.
However in the case of the later there was never an attempt to suspend Habeas Corpus. Only an argument that such had occurred. As the actual act was that of Congress ...

Originally Posted by
leo9
jury trial
Depends on how you see a jury trial. Can an alien actually have a jury of his peers in the US? Further why must a "jury trial" be only those trials held in specific court with the jury drawn from a pool of US voters in the district where the trial is to be held? Trails were scheduled to be held with juries to be impaneled. Is this not a jury trial?

Originally Posted by
leo9
and peaceful protest,
Did not happen!

Originally Posted by
leo9
set up a new police organisation with the right to make secret wiretaps and monitor citizens' library lists and internet use,
No new police organization has been set up with these powers. Besides by definition all wiretaps are secret, no one has been monitoring library lists, and the very idea that internet usage can be monitored is ludicrous.

Originally Posted by
leo9
authorise interogation by torture
Not so! With the understanding that everyone seems to have a very different idea of what constitutes torture. by the definition of some all the police departments in the land engage intorture during interigations of criminal suspects.

Originally Posted by
leo9
and run a prison camp outside the law where detainees have no rights?
Again another attempt to garner a certain kind of feeling in the reader. The camp was not run outside the law. The detainees were well treated and provided with virtually all the rights enumerated in the Conventions.

Originally Posted by
leo9
Or was that another President? No, couldn't have been; these defenders of liberty would have been up in arms about it right away.
Sarcasm wasted!!