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A Bad Day For Innocents, A Trap For Demagogues

Where to begin, to rebuke a Supreme Court Justice or four? In short, the High Court - as in they must have been on something to pass this absurd judgment - decided to overturn a District Court which had refused Habeus Corpus to an Al Qaeda terrorist. Monsters, weasels, and Democrats all cheered the verdict, which means that it will be that much tougher to keep terrorists incarcerated when they are caught. Personally, I would hope the Military adjusts the Rules of Engagement to simply take few prisoners when fired upon by them. If effective incarceration is less likely, then incineration should become more likely.

Apparently, the Supreme Court has watched enough Television to become fooled into believing that Al Qaeda terrorists are somehow just like American citizens; certainly the High Court raised the bar on their expectation of standards. Never mind the history of armed conflicts - which have extensively used military tribunals - or even the Geneva Accords, which while not really applicable to non-uniformed non-national government, non-soldier terrorists, nonethless specifically required military courts (Chapter III, Article 84); nope, the US Supreme Court has once again set up new rights for people trying to murder Americans, even as it scolds the Executive Branch for allegedly trying to "legislate".

The text of the decision, including concurrence and dissent, is 185 pages of legal wrestling, ill-considered and prejudiced in the main. Justices Kennedy and Stevens, in particular, should hang their heads in shame for working against the interests of our country and citizens, but I doubt they have the honor to consider the gravity of their offense. The very notion that the established and effective practice of our military should be abandoned in preference of an artificial presumption of equal standing by men who fight not for a country or a corps of soldiers, but who instead have deliberately targeted civilians for the shock value, and who have assaulted their own nation for the specific purpose of causing a general insurrection against a freely-elected government, is heinous.

Others are addressing the legal and moral dimensions of this decision, so I am looking at the political effects. Oh yes, there is absolutely a political side to this thing. Court cases show up in election results for two reasons; they wish to protect or prevent similar decisions in the future, and know that the prevailing party will lean one way or another in appointing a certain mindset of judge, and they will react emotionally to a key issue. Terrorism has not left the mind of the American voter, even if a sizable number of SCOTUS justices find it expedient to trivialize the War on Terrorism so they can turn the Constitution of the United States into playdough. And it should be recalled, that certain individuals have repeatedly shown themselves unable to refrain from bombast and arrogance in their statements. Those persons will see a short-term advantage in playing politics with this decision, but I sense that the voters will not be happy with this decision, effectively turning against not so much the President as our troops by refusing to let them handle terrorist prisoners in the best way which allows for some comity with nations and Congress, while still maintaining vital control of the most dangerous threats to America. Although some will be reminded that some of America's worst enemies seem to wear judicial robes.

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Comments (8)

The future political implic... (Below threshold)

The future political implications are one potential benefit: "If you don't vote for me, we will lose more and more protections until Al Qaeda has a license to murder and pillage at will".

An other is what Ann Althouse saw in http://althouse.blogspot.com/2006/06/supreme-court-invalidates-guantanamo.html
Congress can pass laws that legalize military tribunals for extra-national bad actors. "Nothing prevents the president from returning to Congress to seek the authority he believes necessary."

The third is that we eventually update the Geneva convention to directly address terrorists. The "High" Court had to really reach to interpret Geneva as they did. A clearer treaty would make it impossible in the future.

Why would treat people as p... (Below threshold)
Kimyl Oh!:

Why would treat people as people when they are accused of terrorist activities? Because they are accused, not convicted. The Guardian UK and the Boston Globe both found an example of a man on trial who said that 4 witnesses could exonerate him. The US said they tried to find them and failed; these two press outlets found them in a few days.

The thing is, there is not some insane level of evil beyond which you lose all of your human rights. If that becomes the standard "they want us dead, they get no rights," then attempted and accused murderers can be killed off, and probably child molesters as well, and so on and so forth.

We treat all people as human beings and then, ta da! We have the moral high ground, and we can point around the world and say that this is how you deal with horrible actions and bad people.

Of course, the terrorists might laugh at our decency, but terrorists are not born, they are raised. And its hard to say that you are the better group when your opponent plays by rules of fair play. Everything we do to be fair and righteous helps us win the war.

Unless this is not real life but just a John Wayne movie where we shoot the bad guys, say something profound, and roll the credits.

DJ,You might be ri... (Below threshold)
JohnMc:

DJ,

You might be right about the political aspects but I could see this working either way if you have a good political writer behind ya. But I also agree that the rules of engagement should be the only good islamofacist is a dead one.

"Of course, the terrorists ... (Below threshold)
JohnMc:

"Of course, the terrorists might laugh at our decency, but terrorists are not born, they are raised. And its hard to say that you are the better group when your opponent plays by rules of fair play. Everything we do to be fair and righteous helps us win the war."

Ok, Kimyl, so how does beheading someone like Richard Perl makes the Islamofacist 'the better player'? And that has been the case, time after time. And you are right terrorists are raised -- in the Madrasses of the Saudi's.

They want to kill us for what we are. Their basis for attacking us is religious. There is no rationale for dealing with religious extremists holding a gun. Either you have a bigger gun and shoot first of you are dead.

Kumbaya will get you dead.

Because people twist my arg... (Below threshold)
Kimyl Oh!:

Because people twist my arguments so much, I end up having to write paragraphs defending an argument I never made. I am sure that murderers, thousands of years ago, were killed. And then we evolved a little bit and said let's give a trial. And maybe more people are at risk, but then again we don't kill people indiscriminately for committing murder.

I will repeat; there is no act of which you can be accused that causes you to lose your human rights. If you were travelling in Turkey and abducted because some group thought you were part of the conspiracy, wouldn't you want a chance to defend yourself or prove them wrong? Or would you say "Well, if I look like a guy they thought hated their way of life and wanted them dead, I guess I deserve to die."

Being capricious with human life is immoral and unjust. And no, I don't want to sing kumbaya and pray that the terrorists are forgiven. I want to find the people that we think are conspiring against us, put them on trial, and send them to prison for life. If they try to shoot when we come for them, we shoot back. This whole John Wayne bullshit where we shoot first and ask questions later is how you end up with blowback, hatred of the US, and you stumble into war against the country that wasn't a threat instead of the one next door that is.

Beheading people does not make you the better player. But all they have to do is point at the US and say "they kill our people with bombs and guns, they keep them in prisons and abuse them for years, and they put a government in place that favors them and not us." All of a sudden a young kid, maybe one who has lost a friend or relative in a bombing, says that we are immoral and that murder is justifiable in defense of Iraq, or Allah, or my family, etc.

Of course, the John Wayne method seems to be working great. Maybe our President just hasn't gotten to the right Louis L'Amour book, or hasn't seen the right movie to know the plot.

You win by getting tough, sure. But you win big when you are tough AND smart. Bush forgot about the second one.

Give me one reason to take ... (Below threshold)
Charles:

Give me one reason to take Islamofascists as prisoners now? Intelligence you say..... well maybe, but it is hard to find any in stumps!

Kimyl Oh!Fact No. ... (Below threshold)
Charles:

Kimyl Oh!

Fact No. 1

For your obviously deficient information, George W. Bush is a Harvard MBA, the first MBA ever to be President.

Fact No. 2

His I.Q. is recorded. It is known to be greater than ALL DemocRat leaders currently in Congress. Most journalists do not even have the intelligence of a member of Congress. That is also obvious.

Wow, I didn't know that you... (Below threshold)
Kimyl Oh!:

Wow, I didn't know that you had information about everyone's IQ, even though I have never seen it as part of the public record. And regardless of his IQ, or his MBA, his execution of the war on terror has been poor and confused. His MBA has not saved our country any money or infused any new efficiency in government.

It is obvious that Charles treats all emails in his box as dogma, including the one where our President is a misunderstood genius instead of a lucky legacy who got through grad school with Cs.




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