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Lawfare Archive: Amanda Tyler on “Habeas Corpus in Wartime”

The Lawfare Podcast

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The History of Habeas

Congress passing vague laws and enforcing them against sort of people that you would want to lock up without charge. And then the problem that this very strict understanding of habeas would create kind of goes away. So there are strands of that story in this history. Ah, during the civil war, it's no great secret that the first amendment wasn't exactly robust and speeches got you in trouble a but when you look at various periods in american history, early American history, they do see both executive ficials and courts insisting on working within this framework. He never even conceives of suspending or claiming that authority. That's what follows. The judges release people because they aren't charged.

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