General Discussion
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Lovie777
(18,610 posts)Silent Type
(9,599 posts)Bernardo de La Paz
(55,994 posts)Bernardo de La Paz
(55,994 posts)Irish_Dem
(69,993 posts)For the rest of your life.
No attorney,
No court.
No judge.
No trial.
choie
(5,490 posts)Let me re-phrase: how can we the people respond to the suspension of habeas corpus. What's our recourse? An emergency suit to the Supreme Court?
Bernardo de La Paz
(55,994 posts)Instant impeachment and conviction. True patriots would guard Congress. More than half the military would side with the masses.
Neighborhoods would organize. Barricades in the streets. Freeways blocked. Sabotage of government vehicles and any "just following orders" LEO vehicles.
Irish_Dem
(69,993 posts)Your guess is as good as mine about what will happen.
So far Trump does what he wants to do.
Meowmee
(9,212 posts)Bernardo de La Paz
(55,994 posts)The country would grind to a halt until it would be restored.
But I don't think it will come to suspension.
choie
(5,490 posts)n/t
EarthFirst
(3,668 posts)It seems that there is no bottom to any of this that would sway their opinion otherwise.
This is fu*ked.
Eko
(9,228 posts)One way or the other.
ananda
(31,839 posts)and have known for quite awhile.
Magats on the other hand ....
magicarpet
(18,305 posts)1. The privatized prison contractors raked lots of money locking illegals up left and right.
2. Even US citizens get caught up in the grab and toss them into the jail fun fest.
3. They are shipped all over the country (USA) - so fast and rapid that the detainees can barely be kept track of.
4. Then in the dark of night they are tossed on privatized military planes and sent to Libya, El Salvador, and Gauantanamo Base in Cuba.
Team trDUMP gets a nice kickback $$$$$ from the prison contractors, airplane shuttle contractors, and secret prison contractors on foreign lands.
Ms. Toad
(36,972 posts)In run-of-the-mill criminal cases, there are two avenues of attack for incarceration: Direct appeal and a side attack using habeas corpus.
The direct appeal is limited to challenging things that happened (or should have happened) in the original trial.
Habeas is a second chance to challenge an incarceration on the basis that you are being unlawfully imprisoned (either the conditions of imprisonment - or things that weren't (and couldn't have been) part of the original trial. For example things that weren't or couldn't have been part of the original trial: if there is new evidence which could not have been discovered in the original trial, there was undiscoverable prosecutorial misconduct. Or you are being unconstitutionally imprisoned: your counsel as of right was ineffective, or the conditions in the jail/prison the original court didn't have jurisdiction.
It's a little different in immigration/deportation. In these cases, they are skipping the trial entirely and just sending folks to another jurisdiction - like El Salvador. So a habeas petition might be directed to a jurisdiction to which you had been removed in violation of a court order, or in violation of your constitutional rights to due process. So for immigration/deportation it becomes more of a direct attack because there is often nothing to appeal.
I don't think they will be able to get rid of habeas - at least not on any grounds they have cited - although habeas has been under attack (generally) since at least 1996 when Congress passed the AEDPA( Antiterrorism and Effective Death Penalty Act), which severely limited the ability to use habeas to attack death penalty convictions.