Topic: Habeas Corpus

The Department of Justice has characterized Judge Boasberg's ruling as a "judicial power grab." There are allegations that Boasberg is under investigation for improperly collaborating with organizations like the ACLU on amicus briefs. The hosts discuss the potential for a full-blown constitutional crisis if the executive branch continues to bypass judicial orders regarding immigration enforcement.

The hosts review the history of Guantanamo Bay as a campaign issue and criticize President Obama for failing to use his executive authority to finalize its closure. They argue that Obama utilizes the "victim card" by blaming Republicans and the Pentagon while simultaneously expanding the use of lethal drone strikes.

The hosts play a clip from Fox News debating whether chimpanzees should be granted legal personhood and the right of habeas corpus. Dvorak dismisses the story as "monkey business," arguing that animals are legally considered property or "chattel." They mock the attempt to extend human legal protections to non-human species.

A 2008 clip of then-Senator Obama promising to review executive orders and protect civil liberties is contrasted with his current administration's policies. The discussion covers the Patriot Act, the National Defense Authorization Act (NDAA), and the suspension of habeas corpus.

Amendment 45 of the 2013 NDAA introduces a requirement for the President to notify Congress within 48 hours of detaining a person lawfully in the United States under military force authorization. The hosts express skepticism about the efficacy of these "rights unaffected" clauses in protecting citizens from indefinite military detention.

The House of Representatives is moving forward with the National Defense Authorization Act for Fiscal Year 2013. Representative Adam Smith is highlighted for his opposition to provisions that undermine constitutional rights, arguing that the existing justice system is sufficient for prosecuting terrorists. The debate centers on whether the expansion of military detention authority is necessary for national security.

Provisions in the new NDAA reference Article 1, Section 9 of the Constitution regarding the suspension of the writ of habeas corpus during cases of rebellion or invasion. Concerns are raised that the definition of "rebellion" could be interpreted broadly to include political dissent or online activism. The lack of a clear legal briefing from the executive branch on these potential suspensions is noted.

Ron Paul's interview with the Des Moines Register editorial board is reviewed. Paul argues against drone assassinations and the suspension of habeas corpus, comparing the lack of due process for modern targets to the trials given to Nazi war criminals like Adolf Eichmann. The hosts praise Paul for challenging the "war atmosphere" used to undermine civil liberties.

President Barack Obama transmitted a notice to Congress extending the national emergency declared on September 14, 2001, for an additional year. This extension allows for the continued suspension of habeas corpus and grand jury rights for National Guard members, drawing comparisons between Obama's policies and those of the Bush administration.

A montage of 2007 and 2008 campaign clips features Barack Obama promising to end the war in Iraq, close Guantanamo Bay, and end illegal wiretapping. The hosts contrast these promises with current administration policies, including the continuation of military interventions and the failure to close the detention facility at Guantanamo.

The U.S. Supreme Court issued a significant ruling regarding the rights of prisoners held at Guantanamo Bay, Cuba. The court determined that the government cannot move prisoners offshore to evade the U.S. Constitution. The hosts discuss the legal complexities of maintaining a military base on Cuban territory and the partisan split among the justices regarding the ruling.