Why can't Federal Courts have jurisdiction to hear habeas corpus petitions?

Question

It can be argued habeas corpus is crucial to ensure that the government's detention power is exercised wisely, lawfully, and in keeping with American values. I don't see any basis for trusting the Bush administration to respect the Constitution.

Answer 1

Federal courts do have jurisdiction over habeus corpus claims if there is a constitutional element to the complaint. For example, if the defendant alleges he is being held after being denied competent counsel, he can base his petition for habeus corpus on the 6th Amendment. If he claims that illegally seized evidence was used to convict him, he can rely on the 4th Amendment's protection. Jursidiction lies with the federal district court where the alleged violation took place. After exhausting his remedies with the state courts (assuming the accused was initially held on a state charge), the defendant can and usually does appeal to the federal court. But if you don't trust Bush, why would one place so much trust in the federal courts? The president appoints all the federal judges. Even those judges who were appointed before Bush took office will feel some political pressure to follow his administration's dictates.