President Kennedy
An assertion of judicial supremacy that will cost American lives.
An assertion of judicial supremacy that will cost American lives.
Thursday’s 5-4 decision awarding “unlawful combatants” at Gitmo --terrorists-- the “privilege of the writ of habeas corpus” has left millions of Americans stunned.
In a historic first, the right to habeas corpus has been bestowed upon prisoners of war — in wartime. Five justices gave terrorists a new weapon to kill more Americans with: our own Constitution.
As a general matter, the fact that al Qaeda and other groups have decided to wage an extended war against the U.S. places us in the position of having, in a variety of contexts, to balance our concerns about national security against our desire to protect individual rights.
The Supreme Court’s most recent ruling was a good day for people who abhor President Bush’s attempts to turn Guantánamo Bay into a constitutional-rights-free zone.
Gen. Anthony Kennedy fights the last war.
As the Supreme Court delivered another blow to the Bush administration’s Guantánamo Bay detentions of terror suspects, a lawyer for some of the suspects looks at where we go from here.
The Fab Five’s terrorist catch and release program.
A sweeping decision by the Supreme Court applies a principal Constitutional Right to terrorist detainees.
Despite the Supreme Court’s decision stripping the legal premise behind the Guantánamo Bay detention center, it will not close today or any day soon.
The decision appears bizarre.
Ruling puts lives at risk, usurps the role of Congress and the president.
I am going to focus on Hewitts drivel. His article on the recent supreme court case is a fascinating insight into his logic and in the end is a typical example of someone in the media throwing around baseless ideas and conclusions.
Mr. Hewitt begins his article with an interesting factoid. “Millions of americans are left stunned” at the decision. I did some searching and couldn’t find any polls citing ‘millions of americans’ or anything to that affect so already in the first two or three sentences Mr Hewitt has put out a fact that isn’t a fact. In his mind ‘millions of americans’ are upset about this verdict but I personally doubt ‘millions of americans are even aware of it’. Which one of us is correct. Who cares its an opinion masquerading as fact and is totally useless. Strike one.
Second up, is his surprise at Scalia’s dissent. Scalia is a well known curmudgeon and has even given someone the finger while leaving church. The cited paragraph is hardle surprising and in fact is probably a typical Scalia level tirade. So strike two is this imaginary reaction that this outside of the bounds of ‘normal’ behavior.
Mr. Hewitt then goes on with some bizarre paranoid theory of the 5 justices that are in agreement have somehow been co-opted by left wing elites. All this as if in code. What the hell is a left wing elite. Someone who reads? Someone who is against the war? He doesn’t really say he just puts out this strange theory of ‘the acadamy’ and its nefarious leanings. Its like one of those vintage jewish conspiracy pamphlets circa 1935 berlin that I’ve heard about...there is a depression so it must be the Jews’ and their money blah blah blah.. ‘We must beware of those elite acadamy members’. So odd in todays context and for Mr. Hewitt it should be an embarassment..
Moving on, Mr. Hewitt cites some book that recounts how our legal system wasn’t ready for the 1993 wtc bombing. I am pretty sure the culprits for that job are in prison, and never getting out. In fact a random google search says one is serving a 114 year sentence. So how is that a bad thing?
Finally Mr. Hewitt concludes with something to the affect of a minority dissent clearly being the common sense answer...I thought common sense is the common view? He says the dissenting view or minority view is the common view?? This is almost as bad as on of those stupid ‘the world is flat’ analogies by Mr. Friedman of the NYT.
In conclusion I have read this article and found out that Scalia is a part of the dissenting Justices and that Mr Hewitt agrees with him and thinks that this view is actually the prevaling view. No facts, just speculation and random citations of anecdotal evidence.
Strike 3/Ball 4, it doesn’t really matter your in left field Mr. Hewitt and I hope you find your way back.
Hey Helmut, FYI, between the people that listen to Rush and the people that listen to Hugh, you’ve got about 15-20 million people who not only know about it, but they’re livid.
Hey Aceman, So alot of people tune into Rush and Hugh. So what. It proves nothing. I have tried finding a poll that asks the questions where talking about and the attached is pretty good.
http://www.aclu.org/pdfs/national_polling_20071004.pdf
Within the poll it shows even a Republican majority wants a restoration of Habeas Corpus. While I agree we are at war with terrorists I do not agree to the writ of Habeas Corpus being suspended. This ‘war’ against these militants is not the same as the civil war which is the last time I can remember the Writ being suspended. The bottom line is that the Writ is a defense of liberty and is a cornerstone/foundation of our society and I as well as a majority of Americans want it restored. The reasons for suspending it are specious and disingenous and I cannot think of a good reason for it being suspended for someone.
Right on, Helmut. I agree fully with the writ of habeas corpus. But, it’s a RIGHT of US CITIZENS. These “militants” as you put it, do not warrant it this right, in my book.
Aceman,
The constitution does not say that it only applies to US Citizens. Specifically the clause;
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it
This says nothing about the rights of citizens or non-citizens. In addition the President has said that he can label anyone a combatant and subsequently put them in prison indefinately. THis is the slippery slope that people fought for in our revolution. There is no reason why the people held in guantanamo cannot be charged and imprisoned for their crimes. If your reason is that there is no evidence than why are they held? Hearsay? Suspicion? Not good enough for the society I live in.
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