have you guys heard of habeas corpus? the phrase habeas corpus comes from the latin meaning literally to have the body. what the privilege of the writ of habeas corpus is effectively accomplishing constitutionally is preventing the government from arbitrarily imprisoning civilians and not giving them due process and not giving them the right to a trial before the jury of their peers. under the constitution, if some government official were to throw you in prison without trial, someone could go to a court on your behalf, request that a judge issue an order releasing this political prisoner, a writ order of habeas corpus, an order to have the body. but the constitution says that this privilege may be withdrawn or repealed temporarily in times of insurrection or invasion. lincoln at different times during the war starting as early as april of 1861 sort of broadening the policy into the late months of 1862 will authorize the arrest of civilians without trial. one historian who's very systematically reviewed that policy estima

legislature can us pend habeas corpus -- suspend be habeas corpus? i'm just trying to understand whether you're contending that congress' inability to fulfill even the most basic functions textually assigned to it such as vice and concept -- [laughter] gives the president powers that ordinarily would rest with the congress. [applause] >> well, your honor, i would say this. congress has not been inactive. it took an enormous amount of work and political will to produce a suppressive statute like i patriot. so when it needs to rise the occasion, it does so. >> i hear it was is so long that nobody actually read it before it was enacted. >> that includes the members who passed it, yes, your honor. [laughter] yes, your honor. so i don't think it's an accurate statement either that we're saying congress had no role in the suspension of habeas. as in the lincoln example, congress acted only years after lincoln ignores judge taney, and here we are act by access yes, sir and that's far better than gridlock. >> and does your answer to judge pillard does that l

can defend habeas corpus? i want to understand congress' ability to most basic functions assigned to it such as consent, gives the president powers that would ordinarily raised with congress. >> congress has not been enacted. it took enormous amount of work. so what it needs to rise to the occasion, it does so. >> i believe it's so long that nobody actually read it. >> that includes members who passed it, your honor. yes, your honor. i don't think it's accurate statement either that we are saying congress had no rule in the suspension on habeas, congress in that ib substantiate acted years after lincoln ignored and here we have -- [inaudible] >> that's my case. the point i made with cocounsel, you represent a government that -- [inaudible] >> how do you have any basis, history policies of big brother are not continuing or how can we rely on anything that you told us today? >> well, i would like to respond to that judge because i think that's an important point. >> that's why i raised the question. >> yes, you

one, he could grant the habeas corpus and dismiss the case.st, at which point the defendant would be in the position, mr. cosby, of taking interlocutory appeal. the same way ricker took it. the defendant is not entitled to a pretrial interlocutory appeal. the superior court would have to do what they did in ricker and say there are exceptional circumstances. and there are exception circumstances but this applies to every potential person who is accused and every citizen, that they should not have their liberty restrained unless and until the commonwealth can prove by legally admissible and competent evidence. is rank hear say admissible. >> after the break. reaction from the clinton campaign to fbi comey's four-hour grilling on capitol hill. and on that day you will walk into a room where 15 people will be waiting... 12 behind the sofa, 2 behind the table and 1 and a half behind a curtain. family: surprise! but only one of them will make a life long dream come true. great things are ahead of you when your health is ready for them. at humana, w

abraham lincoln suspended habeas corpus. charlie: that was not careless. he knew what he was doing.t was a mistake. it was certainly a policy mistake. and wrong. what she did was a mistake and wrong. eric: she is a knowledge it was wrong, she has apologized. i made mistakes as attorney general. charlie: i would like to get a list of them. eric: we're talking about this election. people make mistakes. our leaders are humans. we don't want them to make huge mistakes in areas that are consequential. you can look at them and see how they were handled. charlie: the russians for example. let's assume it may have been the russians and everybody seems to raise that possibility. it is a possibility. as you suggested, they hacked other places. they could have hacked here. that is one question. the other question, if they did did they do it with the , -- with the reason to influence the election? is it unreasonable to expect that someone might have hacked her server in her house? is that unreasonable? eric: i do not think it is something one should suspect. -- expect would have happened simply

he suspended habeas corpus. the french do not even have habeas corpus to begin with.n rules. bob: they have rules that are not the same as ours. i do think for the -- i do think for a period of time we will need to do a lot more surveillance, a lot more use of technology to follow the conversations of terrorists and would-be terrorists. the courts have to play a role in this. what if you are arguing now whether we should do less or more, we need to do more. we need more information. we need to use modern technology to identify telephone conversations and conversations with these people. we need to find out what they are thinking, what they are doing, and they use technology very well. we have to use it better and work with the europeans and the others to do the same. tom: scarlet? scarlet: bob, you said the electorate does not want politicians as usual. you have donald trump, who is not a politician as usual. i want to bring in my "morning must-read." nate silver is talking about donald trump's pic of mike pence. pick of mike pence. scarlet: why would an unconventiona

of course, they gave it habeas corpus back then. but we ignored that, too.e a serious crisis on our hand because we don't look at these issues in the context of liberty and constitutional law. kennedy: that should always be our prism. thank you. i really appreciate it. always, to liberty. kennedy: a big old helping of viewer mail. kennedy: i have three main goals in life and one that doesn't include pole vaulting is getting my face closer to being on a stamp. katherine says your hatred of trump is making you say the dumbest thing. joe says horrendous show from a horrendous commentator. you are third rate, kennedy. arthur writes, there are many questions in life, why kennedy has a show is one of them. i guess we don't ask why arthur doesn't have a show, because he sucks. alice drew a picture of me. look at that. that's lovely. i love the old english lettering. nice. love it. let's talk about sea lions. okay, kennedy we get it, you hate cats. now give it a rest. matt offers a horrifying thought. love your show, but you have got to love kittens. i take care of

of course, they gave it habeas corpus back then. but we ignored that, too.rious crisis on our hand because we don't look at these issues in the context of liberty and constitutional law. kennedy: that should always be our prism. thank you. i really appreciate it. always, to liberty. kennedy: a big old helping of viewer mail. esurance does insurance a smarter way, which saves money. like bundling home and auto coverage, which reduces red tape, which saves money. when they save, you save. that's home and auto insurance for the modern world. esurance, an allstate company. click or call. esurance does insurance a smarter way. they offer a single deductible, which means you don't pay twice when something like this happens, which saves money. esurance is built to save. that's home and auto insurance for the modern world. esurance, an allstate company. click or call. kennedy: i have three main goals in life and one that doesn't include pole vaulting is getting my face closer to being on a stamp. katherine says your hatred of trump is making you say the dumbest thin

of course, they gave it habeas corpus back then. but we ignored that, too.a serious crisis on our hand because we don't look at these issues in the context of liberty and constitutional law. kennedy: that should always be our prism. thank you. i really appreciate it. . kennedy: a big old helping of viewer mail. ♪ [announcer] is it a force of nature? or a sales event? the summer of audi sales event is here. get up to a $5,000 bonus on select audi models. every year, the amount of data your enterprise uses goes up. smart devices are up. cloud is up. analytics is up. seems like everything is up except your budget. introducing comcast business enterprise solutions. with a different kind of network that delivers the bandwidth you need without the high cost. because you can't build the business of tomorrow on the network of yesterday. because you can't build the business of tomorrow but we mean so much more. we mean how can we help? we mean what can we do? we mean it's our turn. to do our part. to serve you, for all you've done to serve us. ♪ to folks out there wh

in this country that says we take care of prisoners, and we have a bill of rights, and we have habeas corpus and we don't abuse prisoners. but if you're a prison guard and all the guards around you are abusing prisoners, even if you know the ideal, even if there are public figures that are making pronouncements, you're more affected by these personal connections than these abstract ideals. so both are important, but they're different phenomena. the public figure making a pronouncement can have some effect, maybe a weak effect over many people, but for a given individual, we're much more affected by these face-to-face interactions. and this is what i meant earlier when we said that we live out our lives in these complex structures. to me, it's nothing short of amazing. we form, actually, something like ant colonies, but on a phenomenal scale. we have these little relationships and we make this very intricate pattern of ties, that as a result of that connects us to all these people we don't know personally and who nevertheless affect us. and james and i don't think it's a coincidence. we think

of course, they gave it habeas corpus back then. but we ignored that, too.ave a serious crisis on our hand because we don't look at these issues in the context of liberty and constitutional law. kennedy: that should always be our prism. thank you. i really appreciate it. always, to liberty. kennedy: a big old helping of kennedy: a big old helping of viewer mail.tix. when we come back we'll have viewer minds. but i didn't really think it was going to really happen. after one week of chantix, i knew i could quit. along with support, chantix (varenicline) is proven to help people quit smoking. chantix definitely helped reduce my urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some had seizures while taking chantix. if you have any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse or of seizures. don't take chantix if you've had a serious aller

behalf, request that a judge issue an order releasing this political prisoner, a writ order of habeas corpus in order to have the body. but the constitution says that this privilege may be withdrawn or repealed temporarily in times of insurrection or invasion. so lincoln at different times during the war starting as early as april of 1861 sort of in broadening the policy will authorize the arrest of civilians without trial. one historian who is very systematically reviewed that policy estimates that somewhere along the lines of about 15,000 civilians are arrested at some point during the war. relative to our population today, that would be something like 225,000 to 250,000 civilians arrested, typically for a few months at a time, almost always released. but yet this is going on. and so this is another factor that is a sort of considerable political opposition. so we have opposition to emancipation, opposition to the enlistment of black soldiers, opposition to conscription in some circles, concerns about violations of civil liberties as well. always, always behind these particular concerns ar

he suspended habeas corpus in various regions. he said in justifying, defending what he was doing, that it made no sense, quote, to lose the nation and yet preserve the constitution. in reading a number of books and doing some research about lincoln, there is a book by josh joshua which is called lincoln's melancholia. and the thesis and there's some truth to this, that lincoln had melancholy. i think if you examine it deeper, maybe that melancholy was really a habit of introspection. but in his book, lincoln's melancholy, he said the following which i found quite striking. what primarily accounted for linkon's increasing success, and his vital relevance was not his own growth to a place where co-speak to the country's needs but the country's regression to a place where lincoln was needed. an assistant who looks for me said, you know, lincoln was in many ways like the batman of christopher nolan's movie trilogy. not the hero we deserved but the hero we needed. lincoln was certainly the most modern of the presidents. now in 2016, i

abraham lincoln suspended habeas corpus. charlie: that was not careless. he knew what he was doing.ric: he apologize. charlie: what she did was a mistake and wrong. knowledged what she did was wrong. mistakes as attorney general. charlie: i would like to get a list of them. eric: we're talking about this election. mistakes.e huge mistakes in areas that are consequential. you can look at them and see how were handled. charlie: the russians for example. let's assume it may have been the russians and everybody seems to think that it is a possibility. as you suggested, they hacked have cases that they could hacked here. that is one question. the other question, and did they do it with the influence to influence -- with the reason to influence the election? is it unreasonable to expect that someone might have hacked ?er server in her house is that unreasonable? isc: i do not think it something one should suspect. it was not an official government server. charlie: they know who she is. eric: there are protections that can be built in. you can build secure systems. charlie: hacking expert?

he extended habeas corpus in various region. he said in justifying what he was doing that it made no sense, quote, to lose the nation and yesterday preserve the constitution. in reading a number of books and doing some research about lincoln, there is a book by joshua shenky, which is called "lincoln's melancholyia." there's a thesis that he had melancholy. i think if you examine it deeper, maybe it was a habit of introspecs but in his book, he said the following, which i found quite striking -- what mime accounted for his increasing success was not his own growth to a place where he could speak to the country's need, but the country's regression to a place to lincoln where it was needed. an assistant looked through this for me and said, you know, lincoln was in many ways like the batman of christopher nolan's movie trilogy, not the hero we deserved, but the hero we need ed i think that's true. lincoln was certainly the most modern of the presidents. now in 2016, i think if you look at the politics of this country, we are at a p

i dug deeper. 66% of people thought they correctly answered -- it was multiple choice -- that habeas corpusul imprisonment. they knew that, right? but president obama, he said that -- he called a navy corps man, a navy corpseman. >> he also said there were 58 states at one point. the president did. >> 57. >> 57, was it? >> and he's a constitutional scholar. >> over the last 15 months, we've traveled to every corner of the united states. i've now been in 57 states? i think one left to go. >> okay. so we all agree that the frame of reference of college graduates isn't what it should be. but then when you get into the real world and you've got to compete and make money, and you've got to kind of build a life for yourself, you've got to luck lock in. >> remember, the constitution was written by evil white men. >> slave owners. >> i think it should be rewritten by rachel dole czar and es pa ran tow so everybody can enjoy it. >> so you say, you are discouraging the reading of the constitution. instead they should go to the movies and see outta compton. >> i would like to see cornell west and mile

abraham lincoln suspended habeas corpus. it was a mistake. didie: and what she was a mistake and wrong. itc: she has acknowledged was wrong. i made mistakes as attorney general. charlie: i would try to get you to list them. eric: let's not do that. we make mistakes. our leaders are human. we don't want them to make huge mistakes in areas that are consequential. here you go with the russians. let's assume it may have been the russians. it is a possibility. they could have hacked here. therefore, that is one question. did they deal with intent to influence the election? going back to the russians and the chinese, is it unreasonable to expect someone might have hacked her server in her house? is that unreasonable? eric: i don't think it is something you would expect it would happen simply because it was not an official government server. there are protections that can be built in. i don't know about the system. ,ou can build secure systems and a private setting put of secure systems. i can't vouch for that system. charlie: nobody has evidence th

but what shocked me about all this is they have the right to challenge their detention in a habeas corpusat is a clear sign about the rights and liberties in the district court of dc clear before the release on the positions and been in very theny scolding way is like what, whose evidence were you looking at, why would you trust this evidence? so that was a surprise. i found that conversation surprising. >> you talk about weakening the court system and also how powerful the judges are. how do you marry the two together? >> they are powerful and stepped away from wherever they could. if it was a surveillance case we are not going to discuss that. if it was a detention case the so-called dirty bomb that was never charged and so even before the case gets going he is detained in that th and that tht clearly wants it that way. we agree with the government and what they say. at the white housthe white house supreme court might say you can't hold of them here. the reason they were willing to do that is the already had several years of being able to say to the judges we are telling you this don't

he suspend eed habeas corpus in various regions. he said in justifying in differenting wh defending what he was doing that it made no sense to, quote, "lose the nation and yet preserve the constitution." in reading a number of books and doing research about lincoln, there's a book by josh shanke, which is called "lincoln's melancholy," and the thesis is that -- and there's some truth to this, i think, that lincoln had melancholy. i think if you examine it deeper, maybe that melancholy was really a habit of introspection, but in his book "lincoln's melancholy" he said the following, which i found quite striking. "what primarily accounted for lincoln's increasing success, and his vital relevance was not his own growth to a place where he could speak to the country's needs, but the country's regression to a place where lincoln was needed." an assistant who works for me looked through this and said, you know, lincoln was, in many ways, like the batman of christopher nolan's movie "trilo "trilogy" not the hero we deserved but the hero we

abraham lincoln suspended habeas corpus. it was a mistake. charlie: and what she did was a mistake and wrong. and what she did was a mistake and wrong. eric: she has acknowledged it was wrong. apologized for it. i made mistakes as attorney general. charlie: i would try to get you to list them. let's not do that. we're talking about this election. eric: let's not do that. we make mistakes. our leaders are human. we don't want them to make huge mistakes in areas that are consequential. and we look at their mistakes to see if we learn about them and how r mistakes they're handled. charlie: here you go with the russians. let's assume it may have been the russians. and everybody seemed to raise that possibility. it is a possibility. you suggested they hacked other places. so they could have hacked here. therefore, that is one question. theyhey did, did do it with intent to influence the election? going back to the russians and the chinese, is it unreasonable to expect someone might have hacked her server in her house? is that unreasonable? eric: n

there were strict -- >> habeas corpus and the like. >> sure. >> but it's within the larger framework, that's my point. >> roosevelt also issued strict regulations on radio broadcasts and newspaper reports. >> well, and tried to -- truman tried to take over the steel industry. >> right, right. >> but i think all of this within the idea of checks and balances, separations of power has worked. >> yes. >> 240 years later. that's pretty unbelievable, right? >> yeah. >> and i think that, again, the reality is that they would be stunned that their own creation has lasted this long. there are letters, letters among the founding fathers saying if this lasts five years, we'll be lucky. >> isn't that astonishing? >> we have about ten minutes left, do you want to take some questions? >> absolutely. >> [inaudible] of all the things that have -- [inaudible] >> horrified. wow, a little stephen king at the book festival. [laughter] horrified. well, as i said, i think they'd be stunned at women -- >> repeat the question. >> oh. the question was of all the things that have happened since the founding f

there were strict -- >> habeas corpus and the like. >> sure. >> but it's within the larger framework, that's my point. >> roosevelt also issued strict regulations on radio broadcasts and newspaper reports. >> well, and tried to -- truman tried to take over the steel industry. >> right, right. >> but i think all of this within the idea of checks and balances, separations of power has worked. >> yes. >> 240 years later. that's pretty unbelievable, right? >> yeah. >> and i think that, again, the reality is that they would be stunned that their own creation has lasted this long. there are letters, letters among the founding fathers saying if this lasts five years, we'll be lucky. >> isn't that astonishing? >> we have about ten minutes left, do you want to take some questions? >> absolutely. >> [inaudible] of all the things that have -- [inaudible] >> horrified. wow, a little stephen king at the book festival. [laughter] horrified. well, as i said, i think they'd be stunned at women -- >> repeat the question. >> oh. the question was of all the things that have happened since the founding f