In front of a Senate Judiciary Committee, Alberto Gonzales stated, “There is no expressed grant of habeas in the Constitution: there’s a prohibition against taking it away”. Sen. Arlen Specter(R) was left speechless at the statement.
Gonzolas continued, “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that."
"It simply says the right shall not be suspended, except in the case of rebellion or invasion”. Specter shot back, “you may be treading on your interdiction of violating common sense”.Source