at his discretion, an officer is authorized at his discretion to suspend the writ of habeas corpus, and suspends it in this case and on that ground refuses obedience of the writ. can you imagine -- can you imagine judicial authority being so flaunted in today's society? i cannot begin to imagine that. but we cannot imagine what the civil war presented to us. 600,000 americans died in the civil war at a time that we were a nation of 30 million people. one in 50 died. if you go to the post office that we were talking about earlier, there sis a memorial fr those who gave their lives in armed conflict. if you added up all of those who died in the korean conflict and in the first and second world wars and in vietnam, they do not equal half of those who died in the civil war from that same little town in upstate new york. and the general sacrifice, the degree to which the pain of this nation permeated even rural communities in upstate new york was very, very deep. and the society in the north was not uniform. there were riots in new york. there was a great deal of resistance on and a lot

and brought a writ of habeas corpus, which the judge refused who is the custodian of mr. merriman and informed the judge that it was not necessarily just the president but he was the one himself delegated with presidential authority to suspend the writ if he saw so fit. there's just one paragraph i want to read you because i could just see canney writing this. the case then is simply this, military officer residing in pennsylvania issues an order to arrest a citizen in maryland upon vague and indefinite charges without any proof. under this order his house is entered in the night, about 2:00, 3:00 in the morning, he is seized as a prisoner and conveyed to fort mchenry. and they're kept in close and when habeas corpus, requiring him before justice of the supreme court an order he may examine into the illegality of the imprisonment, the answer of the officer is he is authorized by the president to suspend the writ of habeas corpus at his cession. an officer is authorized at his discretion and in the exercise of that discretion suspended in this case and on that ground refus

and roger taney took exception to that, and brought a writ of habeas corpus, which general cadwaller refused to honored. this enraged taney and there's just one paragraph i want to read to you. the case then is simply this, a military officer residing in pennsylvania issues an order to arrest a citizen in maryland, upon vague and indefinite charges without any proof as far as appears. under this order, his house is entered in the night about 2:00 or 3:00 in the morning. he's seized as a prisoner and conveyed to ft. mchenry. and when habeas corpus is served on the commanding officer, in order that he may examine into the legality of the imprice opment, the answer of the officer is he's authorized by the president to suspend the writ of habeas corpus at his discretion. and in the exercise of that discretion, suspends it in this case and on that ground, refuses obedience of the writ. can you imagine judicial authority being so flaunted in today's society? i cannot begin to imagine that. but we cannot imagine what the civil war presented. 600,000 americans died in the civil war at a time

in addition, the habeas corpus clause. he forced it through parliament and then forced -- to put a lot of pressure on charles and forced into excepted. winston churchill calls the petition of right the main foundation of english, the charter of every self respecting man at any time in any land. now, for much of the time that cook struggling with to kang's to preserve english liberty, at his side was a young man taking notes. they grew so close that he referred to him as his son. the boy was roger williams. williams did not read or study it cook. he had been beside them, gun with him to the star chamber, the privy council, parliament, direct confrontations with the king in person, to gangs, and his views on liberty ran in his veins. he believe in liberty. by the time of the petition of rights, 1628, williams is no longer a boy. he finished cambridge, a brilliant career as a scholar, and he was a young minister. within days of agreeing to the petition of right charles began violating it. one of the key issues was he was coll

the reasoning behind imprisonment of newspaper editors during the civil war and suspension of habeas corpus. this was co-hosted by historical society of the courts of the state of new york and new york state archives' partnership trust. it's an hour and a half. >> i've never spoken to a crowd of so many attorneys in my entire life. there are several that i want to acknowledge. my daughter, meg, who is an attorney is here today. inspector state general ellen biben is here today. my old friend judge gene nardelli is here. we could go on forever. it's wonderful to see all of you. one other person i want to mention because the subject for this weekend is freedom of the press, as you know. someone in this room who is actually a living hero of the fight for freedom of the press. formally of "the new york times." i just want to introduce -- i know you all know her and the case, judith miller. i want to start with the end of the war, not the beginning with lincoln's second inaugural address. speech was only nine minutes long but i would venture to say that it ended so memorably that even after that

now, for the first time he is using habeas corpus against the king to make sure whoever is consistent with the law regarding the idea that the king is able fathead to overturn the law we did maintains magma card. the view was summed up and this is a ruling that everybody in this room and an american knows the house of everyman the castle. this idea almost a castle was not just some rhetorical, people fought it as a concrete physical massive torturous there is saying the great lords have no more rights than in england had the same rights and liberties. their home is their castle. coke not surprisingly james dismissed cook from the bench. [laughter] cook continued his fight in parliament and when the king was pursuing limits on the parliament's right and he gets up on the floor and says when the king says he cannot allow our liberties the streaks of the root we surf for thousands and tens of thousands then he wrote what he called the station expressing parliamentary privileges and rights, and it declared that the liberties, franchisees and jurisdiction of parliament are the ancient birt

and during the period of reconstruction in 1866 and 1867 there was a suspension of habeas corpus. and no one defined this better than forrest. the man who almost single handedly on a horse kept the southern cause alive. look what he said. this is in 1867 with a foundation of the ku klux klan. they would have been like any other failed white group. the order of the white camellia. there is a bunch of southern groups trying to recapture southern pride through racial solidarity and resentment at freed blacks. they were all pretty much a failure. but one of them the ku klux, this clan people rumored they offered it to robert e. lee and lee said ask forrest. but there was one man that everybody thought embodied the bitterness and the grievances of the southern poor. these were poor white people who created this myth that they couldn't survive with these uppity blacks and scalley wags who had kept them down. this white supremacist group was different than the other ones. it didn't have the aristocracy or the plantation it had this new image that people were ghosts and they were calvary

there is no habeas corpus and there are thousands of troops in the south. he said i can assure you fellow citizens and he wrote this to a newspaper, i, for one, do not want anymore war. i don't want to see anymore bloodshed nor do i want to see anyone armed to shoot down white men. if there is a war upon us, i will tell you, that i shall not shoot any blacks unless i see a white radical. if they send the black men to hunt the ku klux, shoot the radicals. so he was absolutely defined, turned out that was trying to work with northern to create a business, he was poor but to southerners he galvanized what would have been another white supremist group that wouldn't have had much success, there was something about the ku klux klan that appealed to the south and this man and this man alone had the history and the energy and the anger and the venom to make it into something that would playing american life for the next century because the secret of the ku klux klan wasn't that it was racist, there were a lot of other racist organizations, and it wasn't that it was

he sort of issued a half hearted ruling saying the suspension of the right of habeas corpus was in part unconstitutional and general dicks is subject to indictment. if a general can close down a civilian newspaper, then a civilian court can indict. but they didn't indict the general. nothing really happened. the world case remains something of a mystery, but it was one case in which lincoln himself is known to have signed that document that indicate head believed the line had been crossed separating press freedom from criminality and treason. now i realize i've offered an avalanche of evidence here. i don't want to convict abraham lincoln, especially to this distinguished audience of judges. so let me suggest here that in my own view, lincoln deserves to be judged not only by what happened, but what didn't happen next. just weeks after the world's case, he was renominated for second term as president. a lot of people thought that was itself an abrogation of power. no president since andrew jackson had sought or succeeded a second term. many people concluded that it was lincoln grabbing

not the story for tonight although clearly lincoln's use of the war power to suspend the writ of habeas corpus is relevant. while the provision was made for a dangerous emergency, that is the part of the constitution that says it may be suspended, it cannot believe that the framers intended that the danger should run its course until congress could be called together the very assembling of which might be prevented by the rebellion itself. a specific topic for tonight, of course, is the less ambiguous guarantee in the first amendment. congress shall make no law abridging the freedom of speech or of the press. again, lincoln determined that in a case of rebellion, especially while congress was in recess, contingency trumped even the bill of rights. now, he did call congress back into session, but not for four months. and not before the executive branch did a bridge freedom of the press and the sum of maintained without constitutional authority. let's look frankly at the record. and in preparing for this talk and in preparing for a book i'm doing on lincoln in the press, i must say i've been stag

they included things like the rights of habeas corpus.should be -- unfortunately wub within of the principles according to king john's view of it would result in his being excommunicated. because the king of england then was really subordinate to the pope. the pope said this isn't a very good principle. because the principle said 25 noblemen could come together and overrule what the king wanted. and if that were the case, maybe sometime somebody could overrule what the pope wanted. the pope said, i don't like that. the king said, i don't want to be excommunicated. so several weeks after he actually attached his seal to it, he abrogated it. that resulted in a war. he died in the war. his 9-year-old son became the next king. the regents came up with a new version of this one. that kept the peace for a while. when that king, king henry died, his son, king edward game the king. he in a similar situation, his grandfather needed some money to fight wars in france. he sought from noblemen some more money. they asked him to agree to a new magna c

in the aba is what would be the aba's response in the event there was a dirty nuclear bomb and habeas corpus was suspended in the united states, as it was by lincoln and by roosevelt? a lot of people don't remember that and don't know it. england, i was in england talking to their lawyers. i was talking to their security people. they don't have a constitution. they have much different ability to hold people for longer periods of time, and what they would do under similar circumstances. it is an issue we are thinking about and an issue the american bar association will have to respond to. >> a very different sector of the set of problems you have been wrestling with, are the problems faced by our justice system rooted in deep problems in legal education, especially aspiring -- spiral in student debt, forcing lawyers away from public interest -- especially spiraling stood in debt, forcing lawyers away from public interest? >> i have a son who graduated from university. i have a niece who graduated last year and another niece is considering going to law school. i have been looking at the econom

he sort of issued a half-hearted ruling saying the suspension of the writ of habeas corpus was in part unconstitutional and general dix is subject to civilian indictment. if the general could close down a civilian newspaper, then a civilian court could indict a jebl but they didn't indict the general. nothing really happened. the world case remains something of a mystery but it was one case in which lincoln himself is known to have signed that document that indicated he believed the loin had been cross, separating fres freedom from criminality and treason. i realize i offered an avalanche of evidence and i don't want to convict abraham lincoln, especially to this distinguished audience of judges so let me suggest here that in my own view, lincoln deserves to be judged not only by what happened but what didn't happen next. just weeks after the world's case, he was renominated as a second term. a lot of people thought that was itself an abbrogation of power. no president since andrew jackson had sought or received a nomination for a second was 30 president had run for re-election. many p

i'm sorry, but this is habeas corpus. released the ones we can't hold after the war.ear and? 3055? that's a long time to be detained, right, with no charges. it's complicated i think many of your points are fair but i think we could have a good debate. >> you said the navy doesn't, or people in the navy to talk to did not hold on to guantÁnamo. is it an active navy base now apart from the prison? >> so very good question. i want to quote a couple people from the conclusion. so, this is from general mccaffrey, the four-star marine corps general. and another four-star, and then another person who is the head, the commander of public works while i was there. here they say, this is on 356 if you're following, 50 years after castro trusted our guantÁnamo strategic irrelevance is universally acknowledged. guantÁnamo served no military purpose, of course no strategic advantage. we are not going to attack cuba, the place that is the policy of inadequate inertia. others strategic naval silicon and it was important, as was the esta. there are people who disagree with them. he i

governors under a 1790's act, militia act, but did he have the right to suspend that precious writ of habeas corpush someone detained could have that detention checked my a magistrate? he authorized general winfield scott to success spent the writ on the rail lines running from washington to philadelphia to help ensure the travel of troops from north to the nation's capital. he declares a blockacde, which in itself is an act of war. congress is not in session. that's supposed to be their responsibility. he appropriates money for the purchase of arms and munitions. and doesn't have congress come into session until july 4 to ratify, he hopes, the acts that he took. . in the process, ft. mchenry and baltimore harbor is used as a prison to hold marylanders who the military believe are

nearly all communities of the people under cover of liberty of speech, liberty of the press, and habeas corpus, they hoped to keep on foot a most efficient core of spies, aiders and abettors of their cause in a thousand ways. to lincoln, these disloyal editors were akin to spies and informers. in rerebuttal, albany congressman corning called the doctrine a monstrous heresy, subversive of liberty and law and quite attending to the establishment of despotism. lincoln replied no further. but a few days later when the chicago times, democratic paper rebuked, the general surprised nearly everybody by ordering troops in chicago to shut down the chicago times and imprison its gun-toting editor wilbur story, who was happy to be arrested because it was good publicity for the repeated expression of disloyalty and incendiary statements. now this act of subpression lincoln may have privately relished. the chicago times had been flaying him for years, and publicly, however, he became convinced that, quote, we should revoke or suspend the order. especially once protesters from both political parties began f

let's remember that the obama administration hasn't even found it within themselves to restore habeas corpus so. sort of fringes shoes of personal piety and morality there are differences but not on any major issues so so much to talk about unfortunately we are out of time continue this conversation another time thank you so much for coming on the show that was chris had just columnist and truth for truth there and author of the book the liberal class. and that's going to do the for now for more on the stories we covered you can head over to arthur dot com slash usa and also check out our you tube page at www dot com slash r t america you can also follow me on twitter outlets wall for now have a great night be big picture is up next with tom hartman and sax is a big difference night. well certainly science technology innovation all the list of melanin spun around russia we've got the huge earth covered. me it is easy to be. easy to come. to terms. such. as. much. kaiser this is the kaiser report the currency wars are heating up around the world stacy max there are so many super committees an

let's remember that the obama administration hasn't even found it within themselves to restore habeas corpus so. sort of fringe issues of personal piety and morality there are differences but not on any major issues so much to talk about unfortunately we are out of time will have to continue this conversation another time thank you so much for coming on the show that was chris had just hot columnist and truth for truth day and author of the book the liberal class well be right back here at seven. but i define it as a crime for australia you know. there's a lone no we're going to see the film on screen yeah if you want to have sex go and have sex. kaiser this is the kaiser report the currency wars are heating up around the world stacy max there are so many super committees and super bodies that i thought we here should form one on the kaiser report which is why we have the same exact shirt on oh great michelle little there will also tags. you will all the super committees and super bodies are in the news super committee that runs america urges and to the zero bound demands issuance of negativ

but certainly gave that politic congress if a if the situation arose we could suspend a writ of habeas corpus but congress is not specific when it does so well and. the last two times that happened were i think the war of eight hundred twelve in the civil war. you know it's like during time of an invasion or insurrection that was it has tried it and we have no insurrection and we're not being invaded and it's a serious responsibility and congress should take that responsibility. very careful in how it conducts its business in draft this legislation mitt romney defended this position being one of the republican debates and he was actually booed by the audience in south carolina republican audience do you think that that's an indication that the people get it and the politicians are a little behind in catching up oh absolutely i mean i think that the governor's rome on this issue i mean look at the end of the day we have protections in place i mean i think it was thomas jefferson who said it best when he said you know those who have sacrificed liberty for security will one day week up and find

of brooklyn because the same decisions of the british ministers what they had decided was that habeas corpusouldn't be served on the ship so the state of american prisoners was to be saved on chirps of virtually all of them died in the course of the war. and if you think about it, think about where we have prisoners' right now it is a naval base you have to wonder if there isn't some legacy of the decision for the british in 1775. well, ethan allen couldn't keep his mouth shut in long island either and he complained bitterly about the treatment by the british, and this time he was arrested and taken to the provost jeal in british hands in new york city and put in solitary confinement and he was held in the jail for the rest of the 34 months that he spent as a british prisoner. eventually general washington was able to set up an agreement to trade with the british commanders prisoner for prisoner. we had more than they did. so, from the very beginning we took more prisoners than they did and we have more leverage in the exchange and so and they of 1778 evin alan was exchanged for the full col

habeas corpus no longer exists. philip green in that article i quoted before, a people that accepts as the normal course of the events the bombing of civilian leaders will torture, kidnapping pleaded indefinite detention, assassination, covert wars abroad has lost touch with the moral basis of civil society. the u.s. military which soaks up 50% of the discretionary budget is apparently unable to win two wars in two small countries. in fact it has not had a serious victory since world war ii after which it decided to stick to dictators and minor nations. u.s. intelligence report released in 2008, global trends 2025, i read about it in the washington post in 2008 predicts a steady decline in american dominance over the coming decade with u.s. leadership in roading, quote, at an accelerating pace and political leaders and economic and cultural areas. to my knowledge the president has never mentioned this report nor has anyone in public office. can. on july 19th of 2010 the washington post reported that 854,000 people w

000 americans a year and haul them away in the dead of night as if they were enemy combatants, habeas corpus no longer exists. again, phillip greene in the article i quoted before, a people who accepts the normal course of events, bombing of civilians, torture, kidnapping, detention, assassinations, and covert wars abroad lost touch with the moral basis of civil society. eight, the u.s. military which soaks up 50% of the discretionary budget is appointly unable to win two wars in two small countries. in fact, it is not had the support too after which it decided to play it safe and stick to dictators and minor nations. nine, a u.s. intelligence report released in 2008, global trends 2025, i read about it in the "washington post" in 2008, predicts a steady decline in american dominance with u.s. leadership eroding as an accelerating pace and political, economic, and arguably culturally areas." to my knowledge, the president never mentioned the report nor has anyone in public office. ten, on july 19 #th of 2010, it was reported that 854,000 people work for the national security agency, the nsa.

of the surge that maybe it was imprudent for us to close one, given that there is a modicum of habeas corpus and a modicum of transparency, modicum, mind you. where else are we detainees, and under what conditions and how long. 3,000 detainees at the moment in bagram. who knows where else. being held in conditions that apparently are not as good, people say, at guantanamo. so in guantanamo is not a happy place. interesting. so romney wants to increase the number, and that is in very good company. >> the question. >> so, we had kind of take it as a historical inevitability that the u.s. is there, but if castro ever was there during his might, did he ever tried to take over guantanamo? was never in jeopardy? >> that's a good question. >> and what is that defense like the tester actually never made into. >> so, once, has served both castro as having something to rail against. the american interest in having this in castro's side, but a way to smart. the united states has been looking for a cease to just rant to cuba and taken over. castro was way too smart to create a reason to do that at guant

guest: lincoln the era of habeas corpus -- got rid of. host: presidential politics. mitt romney and the federal money. he sought aid for the olympics and massachusetts. he led an aggressive efforts to win federal aid for the struggling games. he requested millions for projects. he once boasted about his prowess for winning taxpayer money. what do you think about the gop candidates? guest: republicans have a curious history. i voted for eisenhower when i was 21 years old. the people who represented taft thought ike was a pink-hole. i have been called everything. there isn't a single person in this campaign or sitting in the congress that did not pride themselves in bringing home the bacon. so what is new about that? "the washington post" wouldlike like to drill romney anyway. look at obama. people say, how did we get here? you send people to congress to bring home the bacon. "go get me the highway. get me the stuff." he took a person with you that said, write it down. let me tell you, there ain't no more back to bring home. this country owes $6.2 trillion. people do n

we're going to close guantanamo and restore habeas corpus.our doctor will say get smart about your weight. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes. only hertz gives you a carfirmation. hey. this is challenger. i'll be waiting for you in stall 5. it confirms your reservation and the location your car is in, the moment you land. it's just another way you'll be traveling at the speed of hertz. megyn: -- >> it is disgusting, our damn government is disgusting the twai bends over backwards to this sort of stuff. so afraid. so worried. don't want to offend, apologize. you know what? i want to apologize. i want to apologize to the u.s. service personnel, you men and women in uniform, you men and women in combat, you men and women going into combat. i want to apologize to you. for this jerk who's the commander in chief. for this jerk who's the secretary of st

you cannot take away my habeas corpus. you can not put me in guantanamo bay just because you think i did something. i worry about that, and that is the national defense authorization act. it is a terrible bill. well-intended, but when our founders put together the constitution, they did the just worry about bad guys. they worried about good guys doing bad things with good intentions. we are at an impasse. if we do not change washington, d.c., in 2012, i fear we will not be able to turn this around. out of control spending. deficit spending. liberty's robbed from you. undermining the rule of law. it is said. we had better find a candidate that can win that election, and we have, a couple of candidates that rise to that level easily. i hope we can send a candidate that has a love for those founding principles, freedoms, a respect for the rule of law. [applause] >> to understand what you earn is yours. we have to eliminate some of the entitlement programs. certainly trimmed back. we did not get here over night. we will not fi

roosevelt did this in the war time and started commenting war time abraham lincoln claimed habeas corpusr but when america determined to the japanese and second world war, normally when america's were:war ends and peace is declared the party that led the war turns out the commands are made, but a peacetime emergency state is different the peacetime will when does it end, when does the emergency end, and when we entered into in the truman years was the peacetime emergency state. there were not terribly koln years but we were not a declared war. the last war was the second world war. already the constitution is unhinged here in that we are doing the kind of emergency actions which are constitutionally and otherwise justified by the declared war mike of the presidential or country as the congress has endorsed. but we're doing it in peacetime and indefinitely with of the emergency state come at hawk emergency state. so truman and eisenhower would talk often about the nature of soviet communism just as we recently had heard about islamic fundamentalism. we then heard this is the uniques ret a

abraham lincoln playing with habeas corpus in the civil war, and the second world war and japanese, andnormally when america strays in wartime, the war ends, the peace is declaredded, the party who won the war are thrown out, amends are made. a peacetime emergency state is different. well, when does that end? when does the emergency end? what we entered into in the truman years was the peace emergency state. they were not terribly calm years, but we were not in declared war. the last declared war then was the second second world war. the constitution is a bit unhinged here doing the emergency actions constitutionally and otherwise justified by a declared war, a presidential war power the country signed on to, the congress endorsed, but we're doing it in peacetime and indefinitely, and we're building this layers of emergency state ad hoc emergency state. tru truman and eisenhower talked about the nature of soviet communism. we recently heard about islamic fundmentallism, and then we heard this is a unique threat. america has to act like the enemy to fight the enemy. it can't afford to be

roosevelt did this in the war time and started commenting war time abraham lincoln claimed habeas corpus in the civil war but when america determined to the japanese and second world war, normally when america's were:war ends and peace is declared the party that led the war turns out the commands are made, but a peacetime emergency state is different the peacetime will when does it end, when does the emergency end, and when we entered into in the truman years was the peacetime emergency state. there were not terribly koln years but we were not a declared war. the last war was the second world war. already the constitution is unhinged here in that we are doing the kind of emergency actions which are constitutionally and otherwise justified by the declared war mike of the presidential or country as the congress has endorsed. but we're doing it in peacetime and indefinitely with of the emergency state come at hawk emergency state. so truman and eisenhower would talk often about the nature of soviet communism just as we recently had heard about islamic fundamentalism. we then heard this is t

and you cannot take away my habeas corpus.annot put me in gismo just because you think i did something. i worry about that. when our founders put together the constitution, they did not does worry about bad guys, but put it together because they were worried about good guys doing bad things with good intentions. freedom is only a generation of being lost. we are at an impasse. if we do not change washington d.c. in 2012, i fear we may not be able to turn this around. liberty is being run from you. undermining the role of lawrule of law. we better find a canada that can win that the election. and i believe we have a couple of those that rise to that level easily. i just pray we send a can of it that has a love for our founding principles, love for the freedom, our respect for the role of law. understands what you earn is yours, not the right to plunder and take it away. not buying votes with your money. we have to eliminate some of the entitlement programs. we did not get here overnight, we will not fix it overnight but it can

guest: lincoln the era of habeas corpus -- got rid of. host: presidential politics.itt romney and the federal money. he sought aid for the olympics and massachusetts. he led an aggressive efforts to win federal aid for the struggling games. he requested millions for projects. he once boasted about his prowess for winning taxpayer money. what do you think about the gop candidates? guest: republicans have a curious history. i voted for eisenhower when i was 21 years old. the people who represented taft thought ike was a pink-hole. i have been called everything. there isn't a single person in this campaign or sitting in the congress that did not pride themselves in bringing home the bacon. so what is new about that? "the washington post" wouldlike like to drill romney anyway. look at obama. people say, how did we get here? you send people to congress to bring home the bacon. "go get me the highway. get me the stuff." he took a person with you that said, write it down. let me tell you, there ain't no more back to bring home. this country owes $6.2 trillion. people do not