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Kristol asserted that "anyone arrested in" the U.S. has habeas rights -- but not under law he supports

June 17, 2008 12:38 pm ET

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SUMMARY: On Fox News Sunday, Bill Kristol criticized the Supreme Court's decision striking down portions of the Military Commissions Act of 2006 (MCA) and suggested that fears about that law's denial of the writ of habeas corpus were overblown because "American citizens ... and anyone arrested in this country [have] a right to habeas corpus." But contrary to Kristol's suggestion, the MCA explicitly denied habeas rights to noncitizens, regardless of where that person is detained.

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