Wednesday, June 13, 2007
No surprise that everybody at NRO, a media organization that considers the war waged against us [not to be called the Global War on Terror] with some seriousness, express alarm and outrage at the decision. Note the references to September 10th thinking, and how obvious enemy foes such as Mohammad Atta would warrant full constitutional and legal protections under the logic of this poorly reasoned decision.
Here’s McCarthy’s summary:
The Supreme Court has previously held that alien combatants may be detained for the duration of hostilities even if they are American citizens. The panel majority did not dispute this, nor did it doubt that al-Marri is a trained terrorist — schooled during the late 1990s in al Qaeda’s paramilitary camps — who was in the
That is, the court astoundingly reasoned that because al Qaeda is a sub-sovereign, transnational terror network — i.e., it is neither a traditional sovereign enemy like Germany during WWII, nor an extension or militia belonging to a nation-state, like the German saboteurs captured inside the U.S. during WWII — its operatives inside the United States must be considered civilians, not enemy combatants, at least in the absence of traditional “battlefield” conditions of capture. As civilians, the judges held, they must either be tried in the civilian courts for terrorist crimes, or be released.
That is simply a preposterous assessment of our present threat conditions, to say nothing of the law. To being with, the president’s commander-in-chief authority is premised on preserving the national security of the
Moreover, the most dangerous operatives of al Qaeda — which continues to attempt a reprise of 9/11 — are patently those planted inside the
However we may view this ruling, there’s no doubt the terrorists will celebrate it. By intentionally targeting and killing civilians, by violating every known law of war, by hiding their combatant identities, by conducting acts of sabotage and terror, any state sponsored terrorist, terror proxy, or terror entrepreneur can avoid the harsh treatment and military response they so rightfully deserve, and earn instead limitless legal protections.
If today’s jurists had been around in World War Two, we’d have had to sue for peace, if not from Hitler, than from our own legal system. That’s how insane this ruling is, just from a non-legal perspective. That the two judicial goons responsible for the ruling also grossly distort and misread the law and precedent upon which they base their decision is even more outrageous.
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