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

The Lawfare Podcast

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Parliament and the Habeas Corpus Act

The habeas corpus act is in effect, except for when temporarily suspended. The idea was you charge them and try them in due course, or they will be freed under the act. A famous case of a guy named john bernard who may or may not have been involved in a plot to kidnap the king and kill the king didn't have enough evidence to convict him. He's originally taken in under the auspices of suspension. But then when the suspension lapses, he's going to win his freedom. So parliament passes a bill of attainder to keep him in prison.

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