Posted on 06/19/2008 9:56:44 PM PDT by Red Steel
ABC News' Teddy Davis, Gregory Wallace, and James Gerber Report: Sen. John Kerry, D-Mass., suggested Tuesday that Osama Bin Laden would be entitled to Habeas Corpus rights under a recent Supreme Court decision should he be detained by the United States at Guantanamo Bay.
Kerry argued, however, that it is wrong for the McCain campaign to ascribe this reading of the al Qaeda leader's rights to Sen. Barack Obama, D-Ill., since any president would be bound by last week's 5-4 ruling on the rights of Guantanamo detainees to access federal courts.
"The Supreme Court of the United States has ruled that they have those rights," said Kerry, referring to all terror suspects held at Guantanamo Bay. "This is not Barack Obama. This is the Supreme Court of the United States. If John McCain were president, he would have to give them those rights. This is a phony argument."
Kerry, who made his remarks on an Obama campaign conference call with the media, was responding to comments made by McCain adviser Randy Schuenemann on an earlier conference call. The McCain foreign policy adviser urged reporters to ask Obama "if he believes that if Osama Bin Laden were captured and taken to Guantanamo whether he should have Habeas rights."
Tuesday's dueling conference calls were triggered by Obama's Monday interview with ABC News' Jake Tapper.
Asked by Tapper how Obama could be so sure that certain controversial domestic anti-terrorism policies instituted by the Bush administration were not instrumental to the protection of U.S. citizens, Obama said that he did not necessarily oppose all the efforts, but “it is my firm belief that we can track terrorists, we can crack down on threats against the United States, but we can do so within the constraints of our Constitution.”
Obama then cited “the example of Guantanamo. What we know is that, in previous terrorist attacks -- for example, the first attack against the World Trade Center -- we were able to arrest those responsible, put them on trial. They are currently in U.S. prisons, incapacitated. And the fact that the administration has not tried to do that has created a situation where not only have we never actually put many of these folks on trial, but we have destroyed our credibility when it comes to rule of law all around the world, and given a huge boost to terrorist recruitment in countries that say, 'Look, this is how the United States treats Muslims.'"
The McCain campaign seized on Obama's ABC News interview to characterize him as favoring a "pre-9/11" law enforcement approach to terrorism.
The arguments were reminiscent of arguments that the Bush campaign made against Kerry in 2004 when he was the Democratic presidential nominee, a point that was not lost on the Massachusetts senator.
"This is exactly what they tried to say back in 2004," said Kerry. "This is a completely fraudulent, fear tactic, scare tactic, play to the lowest common denominator strategy by John McCain and his colleagues." Kerry's fierce denunciation of McCain stood in marked contrast to four years ago when he unsuccessfully approached the Arizona senator about crossing party lines and joining him on the Democratic ticket.
Kerry went on to argue that McCain's claim was unsubstantiated because Democrats joined Republicans in authorizing the use of force in 2001 against those responsible for the 9/11 attacks. He also chided McCain for ignoring Obama's willingness to go into Pakistan unilaterally if the U.S. obtains actionable intelligence against Bin Laden.
Kerry was joined on the Obama call by Richard Clarke, the former counterterrorism czar and ABC News consultant, who argued that the question of whether Obama favors Habeas rights for Bin Laden is "largely a fake issue."
"They haven't used the existing lethal authority that President Clinton created," said Clarke, referring to the Bush administration. "So there is lethal authority to be used against him if he is found."
While Clarke said that the U.S. has authority to kill Bin Laden, the former counter-terrorism czar suggested that the al Qaeda leader would have a right to go to federal court and ask the government to release him or show through due process why he should be held in U.S. custody.
"[I]f he were to be brought back" to Guantanamo, said Clarke, "the Supreme Court ruling holds on the right of Habeas Corpus."
Is this the same JOhn Kerry that served in vietnam?
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Its a legitimate argument if Obama agrees with the ruling and McCain doesn’t. The Supremes aren’t kings, they don’t make law. They don’t enforce law, they merely interpret law and sometimes badly.
If Osama merits a civilian trial upon his arrival at Guantanamo, then he should be held on an unnamed Liberian freighter somewhere out in the Indian Ocean, sweated for whatever he knows, and then hanged. Give him benefit of a fifteen-minute sargent’s tribunal, and then hang him.
Look who’s calling someone *else* a phoney!
Everytime Hanoi Boi opens his big mouth, he proves that Americans made the correct choice in 2004.
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I’m still confused.....Isn’t there a US Military Court that tries soldiers? SOooooo....these terrorists would be tried as CITIZENS, NOT soldiers? I do NOT understand HOW the 5 Supremes can sleep at night....
That's a mighty big "If" there, Rickie boy...
(Obama Bin Laden): "I surrender, you must read me my 'Miranda' rights!"
(G.I.): "No."
Bang!
OK, sports fans: what are the odds a "President B. Hussein Obama" would give the order to shoot rather than arrest?
Kerry should be laughed at every time he attempts to speak about ANYTHING....
The phony bastard has STILL not made PUBLIC his military and medical records as promised...
He lied... He lied... He lied -—— about everything..
Yet - he’s remains a U.S. Senator..
Sadly, the Senate and House is full of the some of the biggest rectal orifices and crooks in the country..
We are so screwed!
The irony, or is it stupidity is too much here.
That shining "success" of the Clinton administration led to what exactly? No World Trade Center and 3,000 dead Americans...
You have to be an idiot to call the Clinton law enforcement approach successful or an example to follow. His very example is proof of exactly the opposite of what he's claiming.
No, it’s the same NVA going to France friggin’ traitor who met with them while still enlisted. Figures. He and a number of his fellow hillites should be swinging from ropes on the WH lawn for treason.
Barack was asked a question, instead of saying it was on the courts, he said something quite different. Then the surrogates are sent out. Does this guy Obama have any judgement of character... does he know one person who’s decent?
This is what happens when communists have fifty years to dum down a nation through schools/universities, people believe anything on tv or that’s told to them enough... even a lie straight to their face an hour later (Goebbels anyone).
That would not meet the standards of our own Supreme Court.
I see nothing noble in bending over backwards to give civilian justice (it's a form of destructive national narcissism as far as I'm concerned) to a military criminal like bin Laden....if captured alive, he deserves a military hearing and then a hanging.
Unless said president has the fortitude to ‘just say no.’
Sadly, we left the ‘three co-equal branches’ theory in the dust some years ago.
John Effin’ continues his campaign for Secretary of State. Millions of fans swoon. Well, hundreds. Well, OK, dozens...
Nix that, too much work. Ask a couple questions then unload.
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