Democrat boneheads shooting their mouths off one more time:
A day after two military judges ruled against the Bush administration’s system for trying terrorism detainees, Democrats seized on the rulings on Tuesday as evidence that Congress should restore the right of those held at Guantánamo Bay, Cuba, to challenge their detentions.
Senator Harry Reid, the Nevada Democrat who is the majority leader, said he would be willing to bring such legislation to the floor. The Senate Judiciary Committee is preparing to approve such a plan on Thursday.
Senator Patrick J. Leahy, the Vermont Democrat who is chairman of the Judiciary Committee, said the rulings on Monday in two cases added urgency to the push to restore detainees’ right to file habeas corpus suits. Congress eliminated that right last year while redesigning the military tribunals after the Supreme Court struck down the first plan.
Mr. Leahy criticized the administration for insisting on an approach to the tribunals “which even conservative courts say no to.”
“It just shows what happens when they want to just rush something through arbitrarily without actually listening to the people who actually knew what they are talking about,” he said Tuesday in an interview. “After 9/11, a number of Republicans and Democrats talked to the White House and said we can put together legislation that can legitimately handle questions of military tribunals.
Oh please. The charges were thrown out because of a very small reason. Lack of clarity between the two deciding acts, those being the Combatant Status Review Tribunal whose procedures for determining a unlawful enemy combatant is here, and the Military Commissions Act which was signed into law by Bush last year. Here is Andrew McCarthy trying to give a moment of clarity to the lefties out there:
Imagine for a moment a statute that said a court could only try cases involving citizens of New York. Let’s say that, to make certain he had jurisdiction over a case, the presiding judge referred the narrow question of the defendant’s New York citizenship to a magistrate, who then made a finding that the defendant “was a U.S. citizen who had lived his entire life in Albany.” What Colonel Brownback has essentially done here is throw out the case because the magistrate didn’t come out and say, “the defendant is a citizen of New York,” even though, if you actually look at what the magistrate did say, it is pluperfectly obvious that the defendant is a citizen of New York.
That’s really all that happened here. The CSRT found that Khadr was an “enemy combatant” by employing procedures under which such a finding cannot happen unless the person is found to be an unlawful enemy combatant. But because the CSRT procedures don’t require the tribunal to say the magic word “unlawful” — just to find the real-world fact of unlawfulness — Colonel Brownback has found the CSRT wanting.
Not to get too technical, but the clinical word for that is “silly.” It ought to be reversed when a sensible reviewing court takes a look, hopefully in short order.
So Reid, Nancy and gang please settle down. Gitmo is going nowhere, thank god, and this enemy of EVERY American will be tried as an unlawful enemy combatant as he should be. Just wish he could be hanged.
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