Posted by Curt on 13 June, 2008 at 9:39 am. 30 comments already!


That’s what John McCain called the recent SCOTUS ruling on GITMO detainees.

While McCain reminded voters that he has worked to prevent the torture of terrorism suspects, he also argued against giving those rights to enemy combatants who are not US citizens.

McCain also noted that US officials have said that about 30 detainees released from Guantanamo Bay have attacked American forces.

“There are some bad people down there,” he said, adding that the first obligation of the government is to ensure the nation’s safety. “This decision will harm our ability to do that.”

McCain also warned that the courts will be “flooded” with habeas corpus petitions, delaying the adjudication of the cases.

He also approvingly quoted Chief Justice John Roberts’ dissent — and pointed out that Democratic rival Barack Obama voted against confirming Roberts and praised Thursday’s decision.

Meanwhile we have Democrats calling GITMO a “blight”

“Guantanamo has been a terrible blight on the integrity of this nation,” says Democratic Senator Dianne Feinstein, a California Democrat who has proposed closing the prison complex.

So l suppose her solution on what to do with those terrorists captured on the battlefield is to follow the Geneva rules? Shoot them on sight?

I doubt it. I’m thinking she believes, as apparently lots of Democrats do, that they have the rights of American citizens (even though they are NOT citizens) and should be taken before our courts. Of course they better have had their Miranda warnings given prior to any interrogation or they get released back into the population.


Oh, and you just had to know the groups that support terrorists were jumping for joy:

A prominent national Islamic civil rights and advocacy group today welcomed a Supreme Court ruling that gives detainees at the military prison in Guantanamo Bay the right to challenge their detentions in U.S. civilian courts.

The Council on American-Islamic Relations (CAIR) called the decision a “victory for objective justice,” noting that the court’s decision maintains the integrity of the Constitution in overturning hastily-passed congressional legislation that provided inadequate legal recourse to detainees. Of the 5-4 decision, Justice Anthony Kennedy said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

And Mark Levin threw his two cents into the mix on his radio show yesterday. (h/t Newsbusters)


Don’t feel like listening, here is a transcript:

Denying foreign enemy combatants access to U.S. courts is an incident of war. Ladies and gentlemen, every single president of the United States has taken that position. Every single one. Every single president of the United States. Up until this Supreme Court, the Supreme Court understood that war was not their province, and that enemy combatants held overseas was not their business. And now we have, thanks to the Marxist left of the professoried in our law schools, the activist judges that have been breeded, placed on our courts, a totally different mentality. Treating people who would slaughter us, who would blow up our citizens, who would decapitate children if they had a shot at it, as people who are abused by us at Guantanamo Bay.

We have lost the propaganda war, and we have to make sure we don’t lose the war. But I am telling you, these five rogue justices, who lie about the law, who lie about precedent, and who lie about what they’re up to, expose our armed forces on the battlefield to extraordinary danger. And they expose you and me to extraordinary danger. Because let us remember the reason why Guantanamo is where it is is so that when we capture these terrorists on the battlefield, we can interrogate them, and find out what they know, about their hierarchy, about their strategies, about the potential next attack, and we’ve gotten extremely useful information in many cases. And we keep them there to keep them off the battlefield.

This is not part of the criminal justice system. We’re not interested in prosecuting them under our criminal laws. We’re interested in survival, and protecting the American soldier and the American people at a time of war. Every president has done this. Every single one. And when the reporters write “It’s a blow against George Bush or the Bush administration,” they are lying through their teeth. They are propagandists, spewing the talking points of the enemy. And when Supreme Court justices, who are extremely intelligent people, know better, and sit down with pen in hand, and rewrite the law, and pretend the precedent doesn’t say what it says, because they want to advance the cause of the ACLU, and the Marxist lawyers who represent these terrorists, shame on them.

What the SCOTUS did here is beyond precedent. As Mataharley wrote about here and as Justice Roberts points out:

Today the Court strikes down as inadequate the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants. The political branches crafted these procedures amidst an ongoing military conflict, after much careful investigation and thorough debate. The Court rejects them today out of hand, without bothering to say what due process rights the detainees possess, without explaining how the statute fails to vindicate those rights, and before a single petitioner has even attempted to avail himself of the law’s operation.

In the end I believe what the court has done is they have thrown it back to the Congress and the President which makes the upcoming election just that much more important. Think about it. One more conservative justice on the court and this decision would have gone the other way.

It’s that important.

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