Quote:
Originally posted by Tyrone Slothrop
You keep suggesting that habeas is some sort of right to be free, a "Get Out Of Jail Free" card. It doesn't change your right to be released at all. Think of habeas as the mail slot in the courthouse door that lets you tell someone inside that you have a claim. It doesn't change the law which decides whether you have a claim.
If you take habeas away, there may well be no effective way for someone to have a claim heard, even if it is a meritorious claim under the law -- e.g., even if the claimant is completely innocent.
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I understand exactly what it means. But giving these guys a right to appeal to our court system and to get a hearing would not only clog the courts but hamper our ability to wage the war on terror. I would prefer that Congress implement some oversight to make sure things are not getting out of hand.
