June 12, 2008 RUSH: The Supreme Court ruled this morning that foreign terrorism suspects held at Club Gitmo have rights under the Constitution that challenge their detention in US civilian courts. It was a 5-4 ruling, Anthony Kennedy, the fifth vote, wrote the opinion, handed the Bush administration its third setback at the Supreme Court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at Club Gitmo. "It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to Al Qaida and the Taliban." As I said, a military lawyer for Bin Laden's ex-driver has sought dismissal of his case after the Supreme Court ruling this morning. Now, this is an abomination. This is just outrageous. Never before in the history of US warfare have we had to go out and Mirandize prisoners of war. That's what we're going to effectively have to do. We're going to have to read prisoners of war their rights just as we would a thief at the local convenience store. I'll tell you what this means. This means, don't capture 'em. There is a reaction for every action, and what this means is don't capture 'em. And if you're going to rendition 'em -- and, by the way, that's something started by Bill Clinton in the mid-nineties, rendition is where you send these people to unknown locations where they are held captive by the leaders of those nations who are your allies. Of course, an eager beaver press will be eager to find out where these prisoners have been taken as long as there's a Republican president. What's going to happen now, if these guys, these 270 guys now have access to the US Constitution as though they are citizens, these clowns at Club Gitmo, now the American servicemen and women who captured them going to have to be brought home for trial to explain their actions? I mean, a lot of unanswered questions here, but Ed Morrissey writes at the Hot Air blog, he says in our 232-year history, when have we ever allowed this kind of access to enemy combatants not captured inside the United States itself? These people have been captured in the battlefield. These people have been captured in Afghanistan and in Iraq, certain parts of Pakistan, they're brought to Club Gitmo, and now they are having conferred upon them US constitutional rights. So there is absolutely no limit now, no respect for the law anymore. The moral of this story is going to shake out this way. Take no captives. This is a victory for the enemy. It is a disgrace. It is inexplicable, but the Drive-Bys are happy. In fact, we'll start with Jeffrey Toobin at CNN celebrating this loss. And here's another thing. One of the things that really frustrates me about this, if you read the coverage, it was a loss for the Bush administration. It was another defeat for the Bush administration. Wrongo, Drive-Bys. It's a defeat for the United States of America. This is bad for the country. This is bad for US national security. Not just bad for Bush. But, of course, that's the context, and that's the action line, the narrative here, this is Bush's war. It's the United States of America's war, and it's bad news. Here's Jeffrey Toobin on CNN this morning. TOOBIN: This is really an extraordinary situation. This is the third time in four years that the Supreme Court has told the Bush administration, you're wrong, the system you set up, this time with the consent of Congress, is unconstitutional, does not give the detainees adequate rights to go to court and challenge their incarceration. What this decision sets the stage for is detainees having the opportunity to go to federal court and say, "Look, I don't belong here, federal judge, let me out." |
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