EPISODE · Mar 10, 2006

310: Habeas Schmabeas

The right of habeas corpus has been a part of our country's legal tradition longer than we've actually been a country. It means that our government has to explain why it's holding a person in custody. But now, the War on Terror has nixed many of the rules we used to think of as fundamental. At Guantanamo Bay, our government initially claimed that prisoners should not be covered by habeas—or even by the Geneva Conventions—because they're the most fearsome enemies we have. But is that true? Is it a camp full of terrorists, or a camp full of our mistakes?

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