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"Padilla is a perfect example of the sort of person habeas corpus covers: someone defying the state!"

Habeas isn't a get-out-of-jail-free card. It's entirely possible to have a habeas hearing where the court rules, "Fine. Go ahead and hold him."

Eric Blood Axe

If brought before a court, a charge has to be laid. With Padilla, he was not charged, just hidden away, a thing that Habeas Corpus was expressly written to prevent.

Elaine Meinel Supkis

Smith is a Tory. And so he thinks the Constitution doesn't matter. Probably wants slavery to come back, too.

Suusi M-B

Isn't the point that there has to be something important called "evidence" of a crime.

I was under the impression that with most of the detainees, all the so called evidence was tortured out of them or others.

The rest of the civilised world unlike Israel and the USA gave up on torture as a means of interrogation, because the victim always told the tortures what they thought they wanted to know, rather than the truth.

Oh and isn't torture a war crime, and the last thing Mad George wants is to be charged with war crimes.


"If brought before a court, a charge has to be laid."

I would have been fine with charging him. Charge him, try him, convict him, sentence him. That sequence worked fine in the "Jihad Johnny" case. (Remember him? Thought not. That's why I'm saying it worked fine.)

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