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. – ARTICLE I, SECTION 9, CLAUSE 2
In Alabama, a man with a long record of violent criminal activity found himself on trial for armed robbery. The trial lasted two days and seemed pretty much slam dunk for the government. Then the jury began to deliberate. And deliberate.
After three hours, they sent a note to the Judge letting him know that they were deadlocked and unlikely to reach a unanimous verdict. after some extensive back and forth, there was one holdout. The Judge decided to take action. eighteen minutes later the Jury returned a unanimous Guilty verdict.
And on appeal, the 11th Circuit, led by the brilliant Judge Ed Crane, overturned the conviction and granted the man’s habeas corpus demand.
To answer that you have to go back to Article 1 Section 9 and then back to 1670. A man named William Penn (yes, *that* William Penn) decided to push the limits of English law and defy the Crown. Of course, he was arrested and put on “tryal” in the Old Bailey.
What happened next is why Judge Ed Crane granted the motion for habeas relief in an Alabama Armed robbery case in 2019…
You are There: The Trial of William Penn CBS Radio reenactment
11th Circuit Ruling by Judge Ed Crane: Brewster v Hetzel
There was once a time when the “people,” demanded that their government cow-tow to their demands for “justice.” The government reacted by declaring that anybody – ANYBODY – who opposed its declarations of what was right and wrong was an enemy of the State and would be executed.
In Los Angeles, a US Professor with 30 years of service to USC has been called a “pitiful excuse” and demands for his firing have come. Why? He dared speak the truth.
And the Gundy case was heard at the Supreme Court sans Kavanaugh. The reaction of two Justices is fascinating.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time…….no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. – Article 1 Section 6
After their experience in the American revolution and years of watching Kings buy their way to policy, the Framers believed that a simple and even elegant solution was to simply ban the ability of a single person to hold Office both civilly and in the government. Makes sense, right?
So how did we get to the place where the Article is routinely “ignored” and senators become Secretaries?