Specter: Now wait a minute, wait a minute. The Constitution says you can't take it away except in the case of invasion or rebellion. Doesn't that mean you have the right of habeas corpus?

Gonzales: I meant by that comment that the Constitution doesn't say that every individual in the United States or every citizen has or is assured the right of habeas corpus. It doesn't say that. It simply says that the right of habeas corpus shall not be suspended.

Article I, Section 9:

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.

Here is the video and Leahy's spirited reply:

Earlier Leahy slammed Gonzalez about torture, via_C&L

And a very busy day is covered by C&L that includes firing 10 Senate approved US attorneys.

Nice letters to Leahy might be in order.