Tuesday morning at 10am the Senate Judiciary Committee is holding a hearing, "Restoring Habeas Corpus: Protecting American Values and the Great Writ." I am one of five witnesses, and I have posted a copy of my written testimony here. From the introduction:

I will make two points. First, it appears likely that the Supreme Court would hold that the writ of habeas corpus must be available to the detainees as a matter of constitutional law. Second, if this is true, then the Constitution requires a judicial forum that provides the detainees with an effective opportunity to test the legality of their detention. It is uncertain but unlikely that the judicial review presently available to the detainees is adequate to satisfy this standard. Taking these two points together, there is a significant possibility that the absence of habeas corpus jurisdiction over the detainee claims at Guantanamo Bay violates the Suspension Clause of the Constitution.

  Oh, and as far as I know, the hearing won't be on C-Span.