Showing posts with label Military Commissions Act. Show all posts
Showing posts with label Military Commissions Act. Show all posts

Sunday, March 4, 2007

The Continuing Debate: What to do with Terrorists


This particular argument has been playing out since 9-11, when we started to capture not only battlefield combatants, but also known and suspected terrorists. On one side of the debate are the practical and common sense arguments against giving rights to the Guantanmo detainees, coupled with the fact that there is no precedent in our legal history for doing so. I concur with that argument.

The other side, led of late by Democrat Senator Chris Dodd, is that those whom we capture should be afforded the rights of all U.S. citizens and that they should have recourse to our court system. Can you imagine for a moment, giving every WWII POW access to the court system -- and the possiblity of release prior to D-Day, for example.

At any rate, several people smarter then I continue the debate today. For the left are Alberto Mora and Thomas Pickering, whose arguments appear in the Washington Post today. Powerline responds here.

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Tuesday, February 20, 2007

A BIG WIN IN COURT. In the case of Boumediene v. Bush. As one commentator explained

A divided panel of the D.C. Circuit has upheld the Military Commissions Act of 2006 [MCA], which strips federal courts of jurisdiction over Guantanamo detainee cases. Rejecting the detainees’ argument that the MCA does not apply to their cases, Judge Randolph writes that the statutory language could not be clearer, as it is the equivalent of Congress members slamming their fists on the table shouting "When we say ‘all,’ we mean all – without exception!"

The actual decision is here.

Note that Senator Chris Dodd, in conjunction with the ACLU, has introduced the ""Restoring the Constitution Act of 2007," that would rescind the MCA. The Act is not well named. It would not "restore" the Constitution, rather it would for the first time give constitutitonal protections to terrorists and enemy combatants. It is shear insanity.

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