Jan 6 protestors are being held and dying (without bail) for essentially taking selfies in the capitol building.
Article I, Section 9, Clause 2
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
There was no evidence of rebellion on Jan. 6 and the only violence perpetrated was by law enforcement. Interestingly, illegal aliens invading the United States are granted in effect Habeas Corpus but peaceful demonstrators are not.
For the record. This is the only line in the Constitution that even mentions "public Safety".
6th Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
5th Amendment
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
14th Amendment, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
If there was ever a reason to demand and the right of Habeas Corpus it is in the ability to make a legal defense guaranteed by the Bill of Rights without government interference.
One should never be held indefinitely. Especially without trial, grand jury indictment or without legal representation.
Title 18, Section 242 - Deprivation of Rights Under the Color of Law
https://www.justice.gov/crt/deprivation-rights-under-color-law
All court case (stare decisis) precedence on Habeas Corpus needs to be reviewed and challenged. This is fundamental to maintenance of justice.
https://www.thegatewaypundit.com/2022/01/video-crowd-boos-yells-need-rino-dan-crenshaw-gives-lame-excuse-hasnt-helped-jan-6th-detainees-says-performance/?utm_source=Gab&utm_campaign=websitesharingbuttons
Article I, Section 9, Clause 2
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
There was no evidence of rebellion on Jan. 6 and the only violence perpetrated was by law enforcement. Interestingly, illegal aliens invading the United States are granted in effect Habeas Corpus but peaceful demonstrators are not.
For the record. This is the only line in the Constitution that even mentions "public Safety".
6th Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
5th Amendment
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
14th Amendment, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
If there was ever a reason to demand and the right of Habeas Corpus it is in the ability to make a legal defense guaranteed by the Bill of Rights without government interference.
One should never be held indefinitely. Especially without trial, grand jury indictment or without legal representation.
Title 18, Section 242 - Deprivation of Rights Under the Color of Law
https://www.justice.gov/crt/deprivation-rights-under-color-law
All court case (stare decisis) precedence on Habeas Corpus needs to be reviewed and challenged. This is fundamental to maintenance of justice.
https://www.thegatewaypundit.com/2022/01/video-crowd-boos-yells-need-rino-dan-crenshaw-gives-lame-excuse-hasnt-helped-jan-6th-detainees-says-performance/?utm_source=Gab&utm_campaign=websitesharingbuttons
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