In case there was anyone left who clung to the idea that the Bush administration does not see itself as a monarchy, Attorney General Gonzales was happy to clear that up for you:
Gonzales acknowledged that the Constitution declares “habeas corpus shall not be suspended unless … in cases of rebellion or invasion the public safety may require it.” But he insisted that “there is no express grant of habeas in the Constitution.”
That is: just because the Constitution limits the government’s suspension of habeas corpus, it doesn’t mean you have a Constitutional right to habeas corpus in the first place. You have that right…um…well, it’s common-law tradition. Or a law. But certainly not a Constitutional right, because that would be highly inconvenient for the President.
What’s especially disturbing is that Gonzales doesn’t have the look of an attorney doing a tap-dance, or trying to pull a fast one. His master doesn’t want there to be a Constitutional right of habeas corpus. Therefore, one does not exist, no matter what the Constitution already says. It’s a display of doublethink that would do Orwell proud: the State requires you to hold an idea at odds with reality, so you insist reality is incorrect.
I could have sworn that lawyers and presidents have some kind of oath to, you know, uphold the law of the land and the Constitution and all that. Guess that went down the memory hole.
