• NarrativeBear@lemmy.world
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    1 day ago

    Habeas corpus is a long-standing legal protection that allows people to ask a court to review whether their detention or imprisonment is lawful.

    This does not just target immigrants, this targets everyone (that’s not a billionaire)

  • lemmy_outta_here@lemmy.world
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    1 day ago

    Anyone who doesn’t realize that trump is getting ready to go full-Stalin is delusional. Protest now, while the government still has to admit they’ve arrested you or your loved ones!

  • Chris@lemmy.world
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    1 day ago

    I was looking the other day, what in the American legal system protects habeas corpus?

    Is it explicitly in the constitution?

    • anon6789@lemmy.world
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      1 day ago

      Constitution.congress.gov

      Article I, Section 9, Clause 2:

      The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

      Link has some discussion of previous court cases involving the second part of that clause: who can suspend it and for what reason.

      I was reading the other day it is based off centuries old British law, originally created so a king couldn’t just stick you in the dungeon for no reason.

      The problem now is we do have someone acting as king, and all the king’s men have spent the last 10 years calling these people outside “invaders” and with guys like Miller who exist purely to milk these legal vagaries, that language is most likely very intentional for that reason.

      • Chris@lemmy.world
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        23 hours ago

        I believe it is from the Magna Carta in England.

        Thanks this is good info and depressing

        • anon6789@lemmy.world
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          23 hours ago

          I looked it up again. It started a bit before the Magna Carta, the concepts were established a butt better in the Magna Carta, but the Writ of Habeas Corpus, is from an actual in 1679.

          There’s a ton more in the main Habeas Corpus wiki entry, but I’m at my limit of reading legal stuff for the day!

          Tldr, any time we’ve suspended it has not been a good time for anyone! 😒

      • TankovayaDiviziya@lemmy.world
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        22 hours ago

        The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

        Wait until Trump looks for a Reichstag fire incident.