
Lawfare Archive: Amanda Tyler on “Habeas Corpus in Wartime”
The Lawfare Podcast
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Habeas Corbus - Is There an Exception to the Rule?
The rule is derived straight out of this english legal model. The only exception that was debated was, who gets to declare a suspension? And that's obviously the big issue of the civil war. But importantly, as the british viewed the american revolution, lincoln and the union viewed the confederates during the civil war as people who owed allegiance. That meant you needed a suspension to hold these people outside the criminal process. Ah, that's why i think there's a drive to look at a looser sort of duproses dea. I'm sure we'll talk about that as they continue talking.
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