a letter to my cousin in Iraq.
Well now I've seen it all.
The allies of jihadistan in the Supreme Court today performed a coup de gras on the Bush Adm.efforts to wage GWOT. In this case they overruled a decision that was also supported by Congress.
The ruling invalidates portions of the Military Commissions Act of 2006, which created military tribunals to hear the cases of those held at Guantanamo. The decision was 5-4, with Justice Anthony Kennedy joining the four liberal justices on the court. Writing for the majority opinion striking down the Military Commissions Act, Kennedy wrote, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." ABC News: Blow to Bush: Guantanamo Detainees Have Rights in Court
What the hell is he talking about ! He has just indicated that US Constitutional rights are to be granted on a global basis rather than just to US residents and citizens .
Habeas rights have never before been granted to foreign enemy captured on a foreign battle field. I agree with Bradford Berenson who said of the decision:
"The Court's decision today will deepen and complicate an already ridiculously complex and disordered morass of litigation brought by foreign terrorists against our government," said Bradford Berenson, former associate counsel to President Bush from 2001 to 2003. "The decision will magnify the already heavy litigation burdens on our government and, because it is limited to detainees held at Guantanamo, may increase the pressure on the government to close that facility. The available alternatives -- bringing al Qaeda leaders such as Khalid Sheikh Mohammed to the continental United States or sending them back to detention facilities closer to war zones -- are less desirable and less safe for everyone. Such are the perverse and unintended consequences when the courts fail to afford appropriate deference to the political branches in sensitive national security matters."
This destroys the tribunal system at least . So now what ? Why not just have the moonbat judges in the San.Fran 9th Circus court hear the case and appoint an ACLU lawyer to their defense pro-bono ?
The ruling states that Congress cannot act to suspend habeus except through the Suspension Clause ;which states that
Congress CAN suspend habeus in times of invasion or rebellion. To my way of thinking ,9-11 was an invasion ...or did I miss something in translation ?
Justice Scalia wrote in dissent :
Today the Court warps our Constitution in a way that goes beyond the narrow issue of the reach of the Suspension Clause, invoking judicially brainstormed separation-of-powers principles to establish a manipulable “functional” test for the extraterritorial reach of habeas corpus (and, no doubt, for the extraterritorial reach of other Constitutional protections as well). It blatantly misdescribes [sic] important precedents, most conspicuously Justice Jackson’s opinion for the Court in Johnson v. Eisentrager. It breaks a chain of precedent as old as the common law that prohibits judicial inquiry into detentions of aliens abroad absent statutory authorization. And, most tragically, it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner. The Nation will live to regret what the Court has done today. I dissent http://www.scotusblog.com/wp/wp-cont...06/06-1195.pdf
Right on !!!
Be prepared to start training your troops on the proper way to read Miranda rights and grant them leave so they can testify at the trials .
Or I even have a better idea....... set up all your equipment with the ability to blast
Deguello from loud speakers to indicate no quarter . Why take prisoners at all ?
Tom
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