“We haven’t had Habeas Corpus since 1861.”
It’s more complicated than that. See the long Wikipedia article on “Habeas Corpus in the United States”.
Here’s an excerpt from a 2011 action:
“We’re disappointed that, despite robust opposition to the harmful detention legislation from virtually the entire national security leadership of the government, the Senate said ‘no’ to the Udall amendment and ‘yes’ to indefinite detention without charge or trial.”
Thanks.