• SwingingTheLamp@midwest.social
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    3 months ago

    As in my other reply, the Constitution allows the suspension of habeas corpus in cases of rebellion or threats to public safety, and without that writ, charges and sentences are irrelevant.

    • rsuri@lemmy.world
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      3 months ago

      The Supreme Court has held that the Constitution contains a right to habeas corpus in Boumedine v. Bush. The Lincoln thing was never fully litigated and was probably unconstitutional.