"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."
Lincoln was within the law, at least as far as the Constitution was
concerned. Bush is emphatically not: there is neither rebellion nor
invasion of the US right now, regardless of whether there is war,
and he has surely acted in the US without regard to habeas
corpus.
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