Harvard Law professor emeritus Alan Dershowitz has rejected Donald Trump's idea to send U.S. prisoners to an El Salvadorian prison, arguing it violates the Eighth Amendment against cruel and unusual punishment. He explained that the U.S. must maintain jurisdiction over its prisoners, enabling them to file writs of habeas corpus, which are constitutionally guaranteed. Dershowitz predicted that the courts would prevent such transfers to foreign prisons where prisoners could face unacceptable treatment, reinforcing the importance of constitutional protections.
The United States cannot send its convicted prisoners to a country that will impose cruel and unusual punishment. It has to send them to a country where the United States maintains jurisdiction over them so that they can file writs of habeas corpus.
Dershowitz stated that the proposal to send US prisoners to El Salvador clearly violated the Eighth Amendment and described the plan as a 'nonstarter'.
He emphasized the constitutional guarantee of the writ of habeas corpus, stating that it can only be suspended under specific circumstances.
Dershowitz expressed confidence in the judicial system, predicting that 'the courts will not permit American citizens who are convicted of a crime to be sent to foreign countries where they could be exposed to cruel and unusual punishment.'
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