Wednesday, April 18, 2018

Habeas Corpus

“Better to write for yourself and have no public, than to write for the public and have no self.”- Cyril Connolly (1903 - 1974)


Habeas Corpus


By de Andréa

Opinion Editorialist for    

Posted April 18, 2018

We have all heard the term Habeas Corpus, or ‘Writ’ of same. But do you know what it is, and what it does for you? I promise to try not to make this as boring as posable.

It’s one of your constitutional rights. It’s contained in Article I, Section 9, Clause 2, of the U.S Constitution. The clause reads as follows, "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."

Literally in Latin it translates to, You have the body”. Oh’!!!!  But it doesn’t quite mean that in a literal legal sense. A writ (court order) of Habeas Corpus, commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.

A writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and justify the prisoner's detention. If the prisoner or his legal representative argues successfully that the incarceration is in violation of a constitutional right, the court or magistrate may order the prisoner's release.

A writ of habeas corpus is authorized by statute in federal courts and in all state courts. An inmate in state or federal prison asks for the writ by filing a petition with the court that sentenced him or her. In most states, and in federal courts, the inmate is given the opportunity to present a short oral argument in a hearing before the court. He or she also may receive an evidentiary hearing to establish evidence for the petition.

The habeas corpus concept has been around for a while, it was first expressed in the British Magna Charta, a constitutional document forced on King John by English landowners at Runnymede England on June 15, 1215. Among the liberties declared in the Magna Charta was that "No free man shall be seized, or imprisoned, or disseised, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land." This principle evolved to mean that no person should be deprived of freedom without Due Process of Law.

The writ of habeas corpus was first used by the common-law courts in thirteenth- and fourteenth-century England. These courts, composed of legal professionals, were in competition with federal courts, which were controlled by local landowners, or "lords." The federal courts lacked procedural consistency, and on that basis, the common-law courts began to issue writs demanding the release of persons imprisoned by them. From the late fifteenth to the seventeenth centuries, the common-law courts used the writ to order the release of persons held by royal courts, such as the Chancery, Admiralty Courts, and the Star Chamber.

Through much of human history, and in many countries still today, a person may be imprisoned on the orders of someone in the government and kept behind bars for years without ever getting a chance to defend himself, or even knowing what he's done wrong. In England, the right to be brought before a judge to hear the charges and answer them was written into law over 300 years ago, and the Framers adopted the British practice in our Constitution

The Stickity Wicket here is that even though the Constitution says: "The Privilege of the Writ of Habeas Corpus shall not be suspended, it also says unless when in Cases of Rebellion or Invasion the public Safety may require it."

President Abraham Lincoln for example, temporarily suspended the writ in 1861, when he authorized his Civil War generals to arrest anyone they thought to be dangerous. In addition, Congress again suspended it in 1863 to allow the Union army to hold accused persons temporarily until trial in the civilian courts. Some in the Union Army reportedly ignored the Congress and conducted trials under Martial Law.

So why am I telling you all this boring legal stuff? Although you wouldn’t find it so boring if someday you needed it. Moreover, and especially, if no one advised you of it, or worse, it just wasn’t a right anymore!

Well my friend…hate to say it, (no I don’t), but I warned you this was coming and you ignored it. So here is the bad news: IT IS NO LONGER A RIGHT!!!  Did you get that? I’ll Say it again because I know you didn’t get it back in 2001 when you lost it THE WRIT OF HABEAS CORPUS IS NO LONGER A RIGHT!  Yes it’s still in the Constitution, and no, it hasn’t been amended or legally abolished. The government is pulling a Lincoln or a Roosevelt, who also temporarily suspended it at the beginning of the Second World War. But now the Federal Government has unlawfully suspended it. Congress has not declared war, there is no Rebellion, not yet anyway.  We do have a foreign invasion, but the Federal Government denies it and has actually been promoting it.
So here is the ‘Dirty Little Secret’ my friend.

The Patriot Act is an Act of Congress that was signed into law by New World Order President George W. Bush on October 26, 2001 just 45 days after, and as a result of the 9/11 attack.  The entire act was written, passed both houses of Congress and signed into law in just 45 days…If you believe that, I have a golden bridge for sale, cheap. The obvious truth is it was all ready to go my friend just waiting for the ‘Reichstag Attack’.

The definition of a patriot has also changed. It used to mean - anyone who loves his/her country and supports its Constitution. But that’s all gone now, it now means - one who obeys and subjects him /herself to the federal government.

If you recall I wrote several articles on Obamas Martial law, which is also still just waiting for an excuse to be used. Remember“The U.S. Military Is Preparing For Martial Law.” And Note when I published that…Yeah Obamas first year in office.

So what does this have to do with Habeas Corpus? The Patriot Act completely wiped out the right of Habeas Corpus.  I know’ - they told you it was just for TERRORISTS right? But’ my friend, without the right’, you can be treated just the same as a terrorists. As a matter of fact, if you remember the term terrorist was also given a new definition, such as, “returning combat soldiers,” and Christians, those that are against abortion, and people with guns, etc    …the truth is, it can mean anything the government wants it to mean.   

THE BOTTOM LINE:    Just thought you ought to know!

Thanks for listening my friend. Now go do the right thing, pray and fight for truth and freedom.  If you would like to write me direct with a question or a comment you can contact me at
- de Andréa
Please pass on this article to everyone on your email list.  It may be the only chance for your family and friends to hear the truth.
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