Jun.17.2008
9:12 am
by Stix1972 (R-IL) (VRWC)
Club GITMO and the Supreme Court
John yoo has a great article in the WSJ today about how the Supreme Court overstepped it’s constitutional bounds. The Supreme Court should have nothing to do with the judicial review of enemies caughtona battlefield, but inexplicably the Supreme Court gave US Constitutional Rights to prety much anybody inthe world. They still believe that this is not a war and is a criminal matter, even though the legislature gave the executivethe authority to wage war against the terrorists. The Supreme Court has brought us back to a 9/10 footing, and that does not bode well for the Waron Terror. Are the soldiers going to have to read Miranda Rights to captured terrorists now, on hopes that theyarenot let go on a technicality???? Are they going to haveto get the courts approval to go after terrorists now???
I like Rush’s and many others idea, do not take prisoners. Under the Geneva Convention unlawful combantants can be exucuted, and the terrorists are calssified as unlawful combatants in the Geneva Convention.
The Supreme Court Goes to War
By JOHN YOO
June 17, 2008; Page A23Last week’s Supreme Court decision in Boumediene v. Bush has been painted as a stinging rebuke of the administration’s antiterrorism policies. From the celebrations on most U.S. editorial pages, one might think that the court had stopped a dictator from trampling civil liberties. Boumediene did anything but. The 5-4 ruling is judicial imperialism of the highest order.
Boumediene should finally put to rest the popular myth that right-wing conservatives dominate the Supreme Court. Academics used to complain about the Rehnquist Court’s “activism” for striking down minor federal laws on issues such as whether states are immune from damage lawsuits, or if Congress could ban handguns in school. Justice Anthony Kennedy — joined by the liberal bloc of Justices John Paul Stevens, David Souter, Ruth Ginsburg and Stephen Breyer — saves his claims of judicial supremacy for the truly momentous: striking down a wartime statute, agreed upon by the president and large majorities of Congress, while hostilities are ongoing, no less.
….
The Boumediene five also ignored the Constitution’s structure, which grants all war decisions to the president and Congress. In 2004 and 2006, the Court tried to extend its reach to al Qaeda terrorists held at Guantanamo Bay. It was overruled twice by Congress, which has the power to define the jurisdiction of the federal courts. Congress established its own procedures for the appeal of detentions.
….
So our fighting men and women now must add C.S.I. duties to that of capturing or killing the enemy. Nor will this be the end of it. Under Boumediene’s claim of judicial supremacy, it is only a hop, skip and a jump from judges second-guessing whether someone is an enemy to second-guessing whether a soldier should have aimed and fired at him.
….WSJ
Also at Stix Blog
Filed in Defending America |
One problem with your (and Yoo’s) analysis - not all gitmo detainees were caught on the battlefield.
Check out McLatchy’s latest research on this - many of the detainees were taken from their homes, teashops, bounty-hunted with no terrorist leanings.
@bongoman: If they were taken sitting sipping tea, and yet enemy combatants does it really matter? dust off that think cap!
~Teddy Bear
What does it matter where they were captured at???? They are unlawful combantants and if they are caught anywhere they could be shot on site. I think that would be a better waywith dealing with the terrorists. And it is in the Geneva Convention that that is legal in war. But I forgot we are just go after a few criminals around the world like CSI. We need to give them their dayin court to reveal all our intelligence capacities, so Al Queda and the rest of the terrorists know what we are doing. We might as well bow to Mecca 5 times a day if we do that.
We are at War with those that want to take down our form of government and want a Caliphate to control the entire world. And the Obammasiah and his cool aide drinkers want to follow Clinton’s Police actions to go after Al Queda. Look what that accomplished. Osama bin Laden found out that we were tapping his satellite phone and used different methods to communicate. Real good one there. Nothing like telling your eneimies how you aregoing after them.
And also look at the one’s that were deemed good citizens of the wold and released from GITMO. A lot of them went back and blew themselves up or killed American and Iraqis. Thanks you Supreme Court for making everyone in the world now a US Citizen.
How do you know they are unlawful combatants?
Read the evidence people - plenty of gitmo detainees were not combatants at all!!
Because under the Geneva Conventions, anyone that is not in a notifiable uniform and hides among the innocent citizens is considered a Unlawful Combatant. Read the Geneva Convention it might shed some light.
This is unbelievable that we are even disputing this. We had a couple hundred thousand German troops in the US itself and they had no access to our courts. What is the difference???? We are at war and the Judicial Branch has no Constitutional authority in the matter.
So on that basis you should arrest the whole population. The point is that there are/were people in Gitmo who were NOT COMBATANTS. That much is clear.
Ooops: http://www.mcclatchydc.com/detainees/story/38773.html
Of course since he said he was beating I am going to believe every word. And I love the anonymous people quoted.
Yes because of a few mistakes we should just let them all go so they can come back as suicide bombers and terrorists again.
At least a dozen of the supposedly innocent at GITMO have come back and killed Americans and Iraqis on the battlefield.
And I would not trust anything that comes from McClatchey, they are known to make up stories like AP.
Who said we should let them all go?
It’s about applying due process to people that we have detained. Simple.
Except we’re not formally at war as Congress has not declared so.
Let me guess. You read The Nation and other leftwing magazines to get your talking points. Congress did vote for war thru the AUMF.