Posted by
Rich on Saturday, June 14, 2008 9:50:15 AM

I am outraged by the editorial in the Sarasota Herald-Tribune titled, "
American justice confirmed".
As
Justice Antonin Scalia states, "The nation will live to regret what the
court has done today." Five unelected members of the Supreme Court of
the United States overnight gave legal status to radical Islamists that
have and are trying to kill us. Abraham Lincoln said that the
constitution is not a suicide pact. Five members of the Supreme Court
made it just that.
According to Justice Scalia,"Today the Court
warps our Constitution in a way that goes beyond the narrow issue of
the reach of the Suspension [of habeas corpus] Clause, invoking
judicially brainstormed separation-of-powers principles to establish a
manipulable 'functional' test for the extraterritorial reach of habeas
corpus (and, no doubt, for the extraterritorial reach of other
constitutional protections as well). It blatantly misdescribes
important precedents, most conspicuously Justice Jackson’s opinion for
the Court in Johnson v. Eisentrager. It breaks a chain of precedent as
old as the common law that prohibits judicial inquiry into detentions
of aliens abroad absent statutory authorization. And, most tragically,
it sets our military commanders the impossible task of proving to a
civilian court, under whatever standards this Court devises in the
future, that evidence supports the confinement of each and every enemy
prisoner."
What does this mean in plain language? Ronald Kessler
of NewsMax.com explains, "By this reasoning, illegal aliens should be
given access to the federal civilian courts to contest their expulsion
from the country. Nazi soldiers taken prisoner during World War II and
held on American soil should have been allowed to argue their cases in
federal court. Instead of shooting terrorists on the battlefield,
American soldiers should read them their rights and ship them off to
American jails."
"The level of due process they [the federal
courts] require," said David B. Rivkin, a lawyer who served in the
Justice Department in the Reagan administration, "will be impossible to
meet and therefore will result in the release of a substantial number
of enemy combatants." Kessler points out, "In fact, under the majority
opinion in Boumediene v. Bush, suspected terrorists are given more
rights than our own soldiers are afforded when charged with crimes.
Their cases are restricted to the military courts."
So where do our two Presidential candidates stand on this critical issue?
According to
Boston.com,
Obama, the presumptive Democratic nominee, said in a statement that the
ruling validating detainees' rights "ensures that we can protect our
nation and bring terrorists to justice, while also protecting our core
values."
The Boston Globe points out, "Obama has long advocated
ending the justice system specially created for Guantanamo Bay. He said
the detainees should be brought to trial in US courts or in military
courts-martial, a proposal the Supreme Court ruling does not affect."
"The
United States Supreme Court yesterday rendered a decision which I think
is one of the worst decisions in the history of this country," said
Senator John McCain, the presumptive Republican presidential nominee, at a town hall meeting near McGuire Air Force Base in New Jersey.
As
PowerLine Blog points out, "[what] the Court's majority overturned was not a decree by the Bush
administration, it was a statute that was passed by large majorities in
both the House and the Senate in 2006. The Military Commissions Act
passed the Senate on a 65-34 vote, with Democratic Senators Carper,
Landrieu, Lautenberg, Lieberman, Menendez, Nelson (Neb.), Nelson (Fla.), Pryor,
Rockefeller, Salazar and Stabenow voting with the Republicans. Likewise, in the
House 34 Democrats
joined with 219 Republicans to pass the
statute."
As former Senator Fred Thomson said in his article "
A Supreme Error", "Upon reading the opinion in
Boumediene v Bush,
one must conclude that the majority knew where they wanted to go and
simply had to figure out how to get there. The trip was not a pretty
one. How could it be when the justices seemingly wrote a map based on
ideas cherry picked from over 400 years of established law and
backfilled with justifications to create a new right for alien
combatants that Americans themselves do not enjoy?
They could have saved us all a lot of time if they’d told us what was clearly on their minds.
They
don’t trust military tribunals to deal with those accused of being
enemy combatants, even if the tribunals are following guidelines
established by Congress.
That the government has probably detained some prisoners at Guantanamo for longer than they should have.
And that Guantanamo should just be closed.
Though they are willing to give it lip service, they don’t really believe we are at war … at least not a “real” war.
Therefore,
they should create a new right for our nation’s enemies commiserate
with the displeasure that they and the rest of the “enlightened” people
have with this “war,” Guantanamo and the Bush Administration."
What
may be the reality of this decision? If you are a soldier in Iraq,
Afghanistan or any of the over 100 countries we have our troops and you
capture an enemy combatant what do you do? Do you have the evidence
needed to convict this radical Islamist killer in a U.S. Court? Are you
as a soldier prepared to be called as a witness in a public trial, like
our police officers, and testify that yes this enemy combatant tried to
or did kill your fellow soldiers? Can you prove it beyond a shadow of
a doubt? What do you do?
Putting our troops in this situation
is both repulsive and outrageous. More importantly it is deadly. For
you see our enemy understands what the Supreme Court just did and they
will take full advantage of it.
"Detainees will be able to call
witnesses and demand to see classified information, putting a
tremendous strain on the court system and the Justice Department. They
will shop for liberal jurisdictions to bring their cases. When
capturing terrorists, our own soldiers will be burdened with
accumulating the amount of evidence required by law enforcement."
according to Kessler.
Al Qaeda, Hamas, Hezbollah, Quds Forces, the Mahdi Army, and the 20 other radical Islamist terror organizations world wide now have a friend in the Sarasota Herald-Tribune and Senator Obama.
They
have an enemy in Senator McCain. You decide who is right and who is
wrong. While you are our soldiers in Iraq and Afghanistan will be paying
the price in blood as they decide "What to do".