i'm being detained illegally.lk habeas corpus, bring me the body. the jailer and let that ill jaer explain himself as to what the reasons are to see if that person is being held under the law or is being held arbitrarily and he explained himself. the judge said that that jailer was wrong, release him. now, that writ of habeas corpus, there was a question, did it extend to guantanamo? we first said the statute extends to guantanamo. congress passed a special law saying it doesn't. the question is whether or not that writ extended allowing them to come into court to a prisoner in guantanamo where congress says it doesn't. but there is a provision in the constitution congress may suspend the writ of habeas corpus in rebellion. guantanamo is 90 miles away. if you look at the treaty, and we control it. we control ónz#pit. the they sovereignty in cuba but the cubans can't get it back unless we decide not to use it as a holding station anymore or now called a naval base. and so we said this is america and the writ does extend and in writing that, justice k

habeas corpus, bring me the body. who was the jailer?let him explain himself to see if that person was being held under the law or arbitrarily. he explained that that jailer was wrong. releasing. that writ of habeas corpus, there was a question. did it extend to guantanamo? and we first said the statute passed a special law saying it doesn't. the question was whether or not that writ extended allowing them to come into court to a prisoner in guantanamo. there is a provision in the constitution that said congress may suspend it. there was no rebel yon and guantanamo if you look at the treaty, we controlled it. the sovereignty with the cubans, they can't get it back unless we decide not to use it as a trolling station. it does extend and in n writing that with the court, they wrote an a history that begins with the that carta and they go into a president where it will be enforced and the enforcement comes through. we have a constitution that doesn't just go in. democracy and basic human rights and a degree of equality and separation of pow

that writ of habeas corpus there was a question, did it extend to guantanamo. and we first said the statute does extend to guantanamo. congress passed a special law saying it doesn't. so the question was whether or not that writ extended allowing them to come into court, to a prisoner in guantanamo, where congress says tn doesn't. but there is a provision in the constitution that says congress may suspend the writ of habeas corpus at time of rebellion or insurrection. we said guantanamo is 90 miles away, we control it. we control it. it may say sovereignty in cuba but the cubans can't get it back unless we decide to use it as a culling station or what they now call it a naval base. so we said this is america and the writ does extend and in writing that, justice kennedy wrote the opinion for the court, wrote an opinion says let's trace the history of this thing. and right there is a whole paragraph that it the history begins with the magna carta and then fades into aered poo whe p it is going to be enforced and this is not a minor thing. we have a constitution t

that writ of habeas corpus there was a question, did it extend to guantanamo. and we first said the statute does extend to guantanamo. congress passed a special law saying it doesn't. so the question was whether or not that writ extended allowing them to come into court, to a prisoner in guantanamo, where congress says tn doesn't. but there is a provision in the constitution that says congress may suspend the writ of habeas corpus at time of rebellion or insurrection. we said guantanamo is 90 miles away, we control it. we control it. it may say sovereignty in cuba but the cubans can't get it back unless we decide to use it as a culling station or what they now call it a naval base. so we said this is america and the writ does extend and in writing that, justice kennedy wrote the opinion for the court, wrote an opinion says let's trace the history of this thing. and right there is a whole paragraph that it the history begins with the magna carta and then fades into aered poo whe p it is going to be enforced and this is not a minor thing. we have a constitution t

president lincoln suspended the writ of habeas corpus. that plenty people could be brought here and detained here for no specific crime, not even given a trial in front of their peers or in front of a judge. many people saw this as an abuse of rights and some in baltimore said lincoln has set himself up as king and ft. mchenry as its baltimore bas steal, an illusion so the king of france a couple generations earlier. one man who was brought here to ft. mchenry was john maryman. john maryman was an officer and a pro confederate horse unit called the baltimore county horse guards. and even though the unit had been disbanded, they had a reputation of being pro south ren. john was arrested under the pretext of training pro confederates on his property. so this calvary unit drilled some on its property. he was brought here and held in one of these rooms perhaps for a period of time this very room. word got out and the chief justice of the supreme court at that time who happened to be in baltimore actually contended the decision. now, he did no

he ruled against lincoln's suspension of the writ of habeas corpus, voted against the constitutionality of lincoln's blockade of southern ports, and he drafted a hypothetical opinion challenging the constitutionality of the federal draft law should it come before the court. which it didn't. of course he stood over lincoln's emancipation proclamation which stood in contrast to his own ruling and dred scott. taney was so opposed to lincoln's policies and so sure that the straight hated him for it that he wondered aloud after the decision in the habeas corpus case, whether the president might even order his arrest. throughout 1863 and 1864, as the union army made greater inroads into the confederacy, taney's opinion and taney himself seemed more and more the relics of a bygone era and became more and more under criticism. although there were only six years between the issuing of the dred scott decision and the announcement of the emancipation proclamation, america was undergoing a radical transformation. congress, lincoln, and the union military were enacting and implementing policies, mak

he ruled against lincoln's suspension of the writ of habeas corp corpus, voted against the constitutionality of lincoln's blockade of southern ports, and he drafted a hypothetical opinion challenging the constitutionality of the federal draft law should it come before the court. which it didn't. of course he stood over lincoln's emancipation proclamation which stood in contrast to his own ruling and dred scott. taney was so opposed to lincoln's policies and so sure that the straight hated him for it that he wondered aloud after the decision in the habeas corpus case, whether the president might even order his arrest. throughout 1863 and 1864, as the union army made greater inroads into the confederacy, taney's opinion and taney himself seemed more and more the relics of a bygone era and became more and more under criticism. although there were only six years between the issuing of the dred scott decision and the announcement of the emancipation proclamation, america was undergoing a radical transformation. congress, lincoln, and the union military were enacting and implementing policies, mak

la justicia argentina concediÓ un hÁbeas corpus que reconoce los derechos a una orangutÁn para que pueda 28 aÑos de edad. >> a continuaciÓn la doctora maritza fuentes nos habla sobre algunos beneficios de incluir el seguro en nuestra dieta alimenticia hablaremos del tema que me encanta porque yogur es uno de los alimentos mÁs saludables que podemos consumir. y me gusta muchÍsimo. no se trata de yogur la variedad es inmensa, los podemos encontrar bajos en grasa, con mucho calcio el famoso yogur griego, lo que son con sabores, de diferente tipo de frutas posiblemente los llamados naturales. y no podemos olvidar lo que contienen bacterias que son protectoras en otro sistema digestivo. en realidad de que yogur es una buena fuente de proteÍnas y nutrientes para elegir una, depende de la razÓn por la que queremos consumir yogur si es simplemente por seleccionar un producto saludable como una merienda rica en nutrientes, el yogur griego es uno de los mÁs recomendados y este es diferente porque el suero que es el lÍquido superior que contiene y que vemos al abrirlo es lo que lo hace ser un sabor

treme them as if they are a luxury we can no longer stafford in our country and we can suspend habeas corpus torture team and that we can spy on our own citizens and do warrantless wear tyapping and investigations and that we can suspend the ancient right to jury trial and that we can confine people, you know, from all over the world, and, you know, i don't think it's good for america. i don't think it's good for our security. when i was a little boy in 1965, my father took me to europe, to france and germany, and to poland and it will italy and many other countries, and everywhere we went, we were met even in the communist countries where the governments tried to hide that we were there, we would still be met by spontaneous crowds, some hundreds of thousands of people would come out on the street waving tiny american flags and cheering for my father as a surrogate for the united states of america. they loved our country. they saw they were starved for our leadership, for our moral authority. they didn't want our bullying and they knew the difference and in latin america and in africa and as

president lincoln suspended the writ of habeas corpus. that plenty people could be brought here and detained here for no specific crime, not even given a trial in front of their poors or a judge. many saw this as an abused roof rights. some in ballot horrid said lincoln has said himself up as king and ft. mchenry is the baltimore bastille, an allusion to the king of france a couple generations earlier. within man brought here was john merriman. he was an officer and pro-confederate horse unit called the baltimore county horse guards. even though the unit had been disbanded, they had a reputation of being pro-southern. john merriman was arrested under the pretext of training pro-confed rats on his property, so this cavalry -- merriman was brought here and held in one of at least rooms, perhaps for a period of time this very room word gout out and the chief justice at the supreme court tan, actually condemned the decision. he did it as a more local judge in chambers, but he issued a stern condemnation on president lincoln san he did not hav

david said at his introduction we talk about habeas corpus. we have the bill of rights here.these are in direct lineage for magna carta. the fact that counsel says magna carta is my best authority, that doesn't seem strong. when you examine the lineage which has come down from magna carta, many of the arguments which are well founded. >> i think maybe we'll move along and talk about. when i mention ed. a lot are drawn from interpretations. people here today will ask us, you can look at it in that context it wasn't talking about democracy as we know it today. certainly democracy. we say the legitimacy of the state depending on the will of the people. back then it was king john and the barons. how did the predemocratic origin s here on this side of of the atlantic ocean. how did that influence the legal system and the development of a constitutional government then. >> i keep turning to you. i can certainly turn -- >> it's an interesting relationship. because the development of our constituti constitution. it's mentioned only once in the federalist papers. in a distinguishing w

president abraham lincoln suspended the writ of habeas corp corpus. that meant people could be arrested and brought here and detained and held here for no specific crime, and not even given a trial in front of their peers or a judge. many people saw this as an abuse of rights. and some in baltimore said lincoln has set himself as king and ft. mchenry is his baltimore bastile. one man who was actually brought here to ft. mchenry was john merryman. an officer and pro-confederate horse unit called the baltimore county horse guards. and even though the unit had been disbanded, they had a reputation of being pro-southern. he was arrested under the pretext of training pro confederates on his property. so this cavalry, evidently drilled some on his property. merryman was brought here and held in one of these rooms perhaps for a period of time this very room. word got out, and the chief justice of the supreme court at that time, who happened to be in baltimoredemned the decision. he did it as more of a local judge in chambers. but he actually issued a stern c

they've been joined, the ranks have been joined over the course of the war, over issues like habeas corpus, emancipation, and the draft. those alienate a lot of people who had been otherwise sitting on the fence, and they join the anti-war movement. but nothing like this summer has driven people into the ranks of the copperheads. they are so powerful at the time of this convention that the war democrats are really scrambling to try to hold them off. to try to maintain a more moderate position. but they have to do some things to hold the copper heads at bay, to keep them from taking over the entire convention and running roughshod over the party as a whole. so, what the democrats do is they name george mcclellan, who they considered a war hero, and they fought with incredibly appealing to union soldiers, as their presidential nominee. their vice presidential nominee is george pendleton from ohio. is a committed and well-known copperhead. they also put this man on the platform committee. clement vallandigham was the nation's most notorious copperhead. he had been a congressman from ohio from

for example, you can desk the question,, was it necessary for abraham lincoln to suspend habeas corpus to win the civil war? was it necessary for the u.s. to drop atomic bombs on japan? we will never know. of course it is unknowable. the people on the ground believe it was necessary. >> john brennan thinks it is unknowable. >> i think it is politically convenient to say it is unknowable. >> you have to understand the context. the word they use his context. give us a sense of the context. mike hayden is saying, if we had not done these things, and there had been a successful attack six months later, there would be hell to pay. people would have said, why did you not know this? what is the context? >> context is important. >> who is pushing and demanding. >> let me tell you how this played out. the context is important. i was therefore part of this. in 2001, i was president bush's daily briefer. george tenet and i would go to the oval office every morning. i was personally aware of the context and the feeling in the room. >> you knew with the president knew. >> the context was, 3000 peop

we talk about habeas corpus, we talk about impartial juries, we have is a bill of rights in england, have your bill of rights here. these are in direct lineage froq magna carta. so the fact that it counts and says that magna carta is my best authority the, that doesn't seem very strong. when you examine the lineage that has come down to us from magna carta stock mark magna carta stems from the processes developed over the last 100 years. >> i think we'll move along and talk a little bit about magna carta and it's relation to the development of constitutional government then, outside of the law, i guess. in this context, because when i mentioned the library's exhibition, i said that at of the principles that we focus on are drawn from interpretations of 17th century english jurists, but people today will ask us, if you look at it in that context, it wasn't talking about a democracy as we know it today, certainly democracy we say, you know the legitimacy of the state and it depends on the rule of the people and back then it was king john and the barrons. but how did those three democra

for example, you can ask the question was it necessary for abraham lincoln to suspend habeas corpus inrder to win the civil war. we'll never know the answer to the question. was it necessary for the united states to drop atomic bombs on japan in order to force japan's surrender. we'll never know the answer to that question. so of course, it's unknowable. but the people on the ground believe it was necessary. >> rose: john brennan thinks it's unknowable because of the reasons you just said. >> i think it's politically convenient to say it's unknowable. >> rose: we talk much now especially people from the c.i.a. you have to understand the context. the word they used is context the word you've used is context. give us a sense of the context. because my cadence is going around saying if in fact we hadn't done these things and there had been a successful attack later, six months later, it will be hell to pay. >> right. >> rose: and people said why didn't you know this. >> right. so this gets -- >> rose: what's the context. >> the context is very important. >> rose: who is pushing and who is

horrendous casualties on the battlefield, the abridgement of civil rights, including suspension of habeas corpus, military trials of civilians for dissenting against the administration, like landingham. what is accounting for this large number of votes against the president? keeping in mind that lincoln and raymond and others thought other republicans and members of the national union party thought it was all over for lincoln in august. this is '64. >> it's a pretty even split among voters for the whole history of the country, with did exception of elections like 1964 and 1980. >> and there's a war going on. right. >> if frank was around campaigning, it would have been not as close as it was. but keep in mind the hysteria that was -- i don't mean to be political but there was a great deal of hysteria in this country leading up to the elections that were experienced in november of 2014, about an unmanaged ebola crisis that to this date, now that it's claimed a fourth american victim, has claimed four people out of 300 million americans. god bless the four people. may they rest in peace. it's four

he has the commander of troops in the west suspend habeas corpus. burr is brought before one, then two, then three, then four grand juries. each time the grand jury throws the case out. finally, troops capture him in alabama and bring him to trial in richmond for treason. guess who the circuit judge is? it's john marshall. [laughter] and they hear the case, they hear the evidence. there's absolutely not a shred of evidence against burr, and marshall throws the case out, and is jefferson hated him for that. burr, of course -- jefferson had a lot of friends everywhere in the south. burr was fearful of his life and fled to europe, lived in europe for, until jefferson's administration came to an end, then came back, and his wife and son were still in this country, and the boy had died shortly before he arrived. and the wife, theodocia, gets on a ship -- she was in the south -- to meet him in new york, and the ship was never heard from ever again. he lived out the rest of his life practicing law in new york quietly, a substantial law practice. but jeffer

court relied on in the supreme court case governing whether the constitutional protections in habeas corpusshould extend to the people at one time to mope and the majority then took we are not going to candidate to the people. al qaeda is not the people, but we are going to ask whether would be nominalists and impracticable and we don't find it nominalist and impracticable. that is the question to what extent in particular circumstances would it be nominalists and impracticable to extend constitutional selections to people outside of the united states. i don't think that is foreclosed under current doctrine. you raise a very good point that often times when we are collecting information from foreign nationals, we gather up information that implicates u.s. citizens communications because increasingly we communicate over across borders. so does the involvement of the citizens require a different kind of treatment? the rules that govern the nsa is gathering information present and quite different when implicates u.s.a. decisions. i think it is like a course would say that it does. my point is

him.nds troops after he has commander of troops in suspend habeas corpus. brought before one, then two, then three, then four grand juries. time, the grand juries throw the cases out. finally, troops capture him in him to trialring in richmond for treason. who the circuit judge is? it's john marshall. and they hear the case. they hear the evidence. shredwas absolutely not a of evidence against burr. casearshall throws the out. and jefns hated him -- jefferson that.him for jefferson had a lot of friends in the south. burr was fearful of his life and to europe. lived in europe until jefferson's administration came end. then came back. wife and son were still in this country. died shortlyad before he arrived. the wife gets on a ship. south. in the she gets on a ship to meet him in new york, and the ship was never heard from ever again. he lived out the rest of his life practicing law in new york, quietly. a substantial law practice. is responsible for destroying this man's life and great, a great a american hero. hated marshall for ruling him in united states

all of which established that detainees were entitled to habeas corpus review and identified dish sis in the detainee treatment act and the military commissions act. by the time i had became vice chairman the, attorney general's holder's decision to reopen the criminal inquiry related to the interrogation of certain detainees in the c.i.a.'s interrogation program. this unfortunate decision deprived the committee of the ability to interview key witnesses who participated in the kaye program and essentially limited the study to the review of a cold documentary record. now, how can any credible investigation take place without interviewing witnesses? this is a 6,000-page report and not one single witness was ever interviewed in this study being done. this is a poor excuse for the time of oversight that the congress should be conducting. there is no doubt that the c.i.a.'s detention and celebration program which was hastily executed in the aftermath of the worst terrorist attack in our nation's history, had flaws. the c.i.a. has admitted as much in its june 27, 2013 response to the study.

ruled the chimp is not a person entitled to the rights and protections afforded by the writ of habeas corpus> i feel bad for tommy. >> try a different approach. >>> we got hackers behind the sony pictures data breach. they posted thousands of company passwords. they've obtained more than 100 documents and files from a folder called password. one of the folders called passwords for social media accounts for "governmentbusters." social security numbers for 40,000 current and former employees as well as celebrities were also exposed like sly stallone. if you were just an employee dating back to say 2000, 2001 you no longer for them and had your records on file you were also part of this. >> it's going to get worse. new york detailies news bill cosby is firing back against a lawsuit that claims he sexually assault ad minor 40 years ago. in los angeles police say they are ready to investigate any allegations against cosby regardless of the statute of limitations. >> reporter: in legal papers filed bill cosby's attorneys called the lawsuit against him meritless and unsupported claiming it was file

i think like lincoln suspending habeas corpus in the middle of the civil war were doing what they thoughtould protect the most americans. >> the simple case i'm making is the american people taught be the judges of that in a democracy not secret government report. >> identify been waiting for americans to be offended by the uptick in drone attacks and the nsa and they aren't. you and i -- >> i happen to support the president's drone program. >> you do? >> i do. >> you support dropping drones on households killing 18 or 19 people to find one bad guy. >> that's not what the policy is. >> killing 5-year-old girls. >> that's not the policy. >> that's the effect of the policy. >> that's at that gross exaggeration. >> you're between the ages of 18 and 35 and within the vicinity of a suspected terrorist then you're presumed a terrorist and they drop a drone and kill you. by the way, they kill americans. and by the way, they kill the sons -- >> it's true. >> i know exact leadership how it works and here you find yourself -- this is a teachable moment, howard, defending a drone program that a lot

the internment of the japanese, the suspension of habeas corpus.r conflicts. so, i think it's healthy to have the conversation, but we should not confuse this as a report of the senate intelligence committee. it's a report by the majority staff. >> right. >> and it is a singular failure of the leadership of dianne feinstein as chairman of that committee to be able to put together a consensus document that accomplishes what you just suggested we should have. >> well, i mean, how are you going to have a consensus document if you don't eve talk to the cia directors, if you don't want to talk to the people that ran the program, if you don't want to talk to people who were involved in the program. i've been saying, it's like writing a story about the uva rape case and not wanting to talk to the accused. and in this karks the accused aren't frat boys. the accused are the very people that nancy pelosi and jay rockefeller and the democrats on the intel committee said, go get them, guys in 2002. and so suddenly, they are the, you know, they're the bad guys

rights protected by our constitution, without the rights that we've come to associate for our habeas corpus guarantees and other constitutional protections. these are rights that we understand are inseparatably connected with liberty, and they long predate the existence of our constitution and our republic. they were so fundamental, in fact, that not only were they incorporated into our constitution, this right to be free from the chance of being locked up by government indefinitely imprisoned without trial, without access to counsel and so forth, they were so fundamental that not only were they put into our constitution, they were discussed at length in our constitutional conventions. they were discussed at length by members of our founding generation as they debated and discussed the merits of our constitution. notably in federalist number 84, james madison referred to these rights, and he quoted a great luminary at that time, a luminary who is still a legal force to this day, judge william blackstone. he quoted a very meaningful excerpt from volume one of william blackstone's commentarie