FRONT PAGE MAGAZINE
By Alan Nathan
Pubished July 11, 2007
You cannot execute a battle as you might an indictment nor prosecute a war as you might a trial. The Framers of the Constitution knew this when they wrote in Article I, Section 9 that Congress had the right to suspend habeas corpus, “…when in cases of rebellion or invasion the public safety may require it.” So why is the Supreme Court allowing Guantanamo Bay prisoners to argue that they’re entitled to challenge their incarcerations in our federal courts?