BUSH ON HAMDAN RULING
The ACLU is popping the champagne corks.
But Andrew Cochran makes a prediction:
The decision is actually a huge political gift to President Bush, and the detainees will not be released that easily. The President and GOP leaders will propose a bill to override the decision and keep the terrorists in jail until they are securely transferred to host countries for permanent punishment. The Administration and its allies will release plenty of information on the terrorist acts committed by the detainees for which they were detained. They will also release information about those terrorist acts committed by Gitmo prisoners after they were released. They will challenge the “judicial interference with national security” and challenge dissenting Congressmen and civil libertarians to either stand with the terrorists or the American people. The Pentagon will continue to release a small number of detainees as circumstances allow. The bill will pass easily and quickly. And if the Supremes invalidate that law, we’ll see another legislative response, and another, until they get it right. Just watch.
I hope Andy’s right.
Webloggin highlights Justice Thomas’s scathing dissent:
Three Republican appointees sided with the left activists. Thomas’s dissent is important because it contradicts the liberal contention that this isn’t a war on terror but rather a criminal action that should be tried in court.
The plurality’s willingness to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous. - Justice Thomas in Dissent
The Court did recognize that detainees need to be held until the war is over…
Milblogger Oak Leaf at Polipundit:
“I wasted 12 months of my life in Afgahnistan for this.”
Just in…
U.S. Senators Lindsey Graham (R-SC) and Jon Kyl (R-AZ) today issued the following statement on the U.S. Supreme Court’s ruling on the Hamdan case:
“We are disappointed with the Supreme Court’s decision. However, we believe the problems cited by the Court can and should be fixed.
“It is inappropriate to try terrorists in civilian courts. It threatens our national security and places the safety of jurors in danger. For those reasons and others, we believe terrorists should be tried before military commissions.
“In his opinion, Justice Breyer set forth the path to a solution of this problem. He wrote, ‘Nothing prevents the president from returning to Congress to seek the authority he believes necessary.’
“We intend to pursue legislation in the Senate granting the Executive Branch the authority to ensure that terrorists can be tried by competent military commissions. Working together, Congress and the administration can draft a fair, suitable, and constitutionally permissible tribunal statute.”
I’ve only had time to scan the opinions briefly and may have further comments later. For now, the one apparent implication of Hamdan is that hundreds of Guantanamo detainees will become participants in the American judicial system. If they thought Gitmo has been a strange and disorienting experience, they haven’t seen anything yet.
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