Hair Splitting

I think Gonzales is technically correct here, but he’s purposely obscuring the issue by hiding behind an ultra-technical definition.

Habeas corpus is the actual order from a court to have a prisoner brought before them. There are specific requirements to be met before such an order may be given – and just requesting a writ of HC doesn’t mean you’ll be granted one.

In that light, the constitution doesn’t grantee everyone the right to a writ.

What Gonzales doesn’t focus on is the fact that they are trying to remove the right of people (or specifically, a court who would order it), who otherwise meet the requirements.

And that’s Specter’s point. And Gonzales is aware of it, I’m sure.