Chemerinsky, Erwin - short clip - RuleofLaw
Loading the media player...
Transcript
Transcripts may contain inaccuracies.
- | The idea that individuals can be imprisoned indefinitely | 0:00 |
without counsel and meaningful hearings is inimical | 0:04 | |
to the idea of the rule of law. | 0:07 | |
I think that the Supreme Court here was saying | 0:09 | |
that some law has to apply to those in Guantanamo. | 0:12 | |
To me, one of the aspects | 0:15 | |
of the Bush administration position | 0:17 | |
that's most repugnant was | 0:19 | |
that there was a group people in a place | 0:21 | |
where no law could apply. | 0:24 | |
Their position was the Geneva Courts didn't apply | 0:26 | |
to these individuals, | 0:28 | |
and that United States Constitutional Statute of Law | 0:29 | |
didn't apply to these people, | 0:31 | |
so the government could do whatever it wanted. | 0:32 | |
I'm not naive in my praise of the Constitution, | 0:35 | |
but overall it's worked well. | 0:37 | |
And I think it can work very well here. | 0:40 | |
I don't think we need to have trials in military tribunals, | 0:43 | |
we can use Article III courts. | 0:46 | |
I don't think we need to hold people without due process. | 0:47 | |
We can trust due process to come to the right result. | 0:50 | |
And the idea that now, for eight years, | 0:53 | |
individuals have been held | 0:57 | |
without due process and the Constitution | 0:59 | |
is disappointing beyond words. | 1:02 |
Item Info
The preservation of the Duke University Libraries Digital Collections and the Duke Digital Repository programs are supported in part by the Lowell and Eileen Aptman Digital Preservation Fund