Lawfare Archive: Amanda Tyler on “Habeas Corpus in Wartime”
The Lawfare Podcast
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Is the Suspension Clause the Only Express Emergency Provision in the Constitution?
Suspension clause gives the government hard choices even in times of war. If he is an enemy combatant, i they get to hold him until the end of hostilities. The criminal process is how we test the legality of detentionat least for people within our community. And it's different if we're in a declared state of war with a foreign country and we pick up some of their prisoners during time of war.
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