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A Quick Way Forward After Boumediene
National Review On-Line ^ | 16 June 08 | Andrew C. McCarthy

Posted on 06/16/2008 5:28:51 AM PDT by Laverne

It is difficult to single out the most outrageous aspect of Justice Anthony Kennedy’s majority opinion in the Supreme Court’s cataclysmic Boumediene ruling last Thursday: The reckless vesting of constitutional rights in aliens whose only connection with our body politic is their bloody jihad against Americans; the roughshod ride over binding precedent to accomplish that feat; or the smug arrogance perfectly captured by dissenting Chief Justice John Roberts’s description of a “constitutional bait and switch” — a Court that first beseeches the political branches to enact a statutory procedure for handling combatant detentions, and then, once a thoughtful law is compliantly passed, invalidates the effort for its failure to satisfy the eccentric predilections of five lawyers.

snip....Unduly empowered by the bedlam of unguided judicial proceedings, many jihadists will be freed. If that happens, Americans will be killed. It is that stark, and it should be that intolerable. It is the solemn responsibility of our lawmakers to prevent that outcome. With an election looming, with nearly 200,000 young Americans putting their lives on the line, and with an enemy working energetically to reprise 9/11, every member of Congress should be challenged to tell us where he or she stands on Boumediene and its aftermath.


TOPICS: Government; News/Current Events; War on Terror
KEYWORDS: boumediene; detainees; gwot; scotus
Congress needs to do something...and they need to start today to put these judicial activists back in their proper place. This ruling is beyond betrayal and it needs to be rectified.
1 posted on 06/16/2008 5:29:05 AM PDT by Laverne
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To: Laverne

Execute them all. That way they have no more “constitutional” problems to deal with.......


2 posted on 06/16/2008 5:34:20 AM PDT by Red Badger (NOBODY MOVE!!!!.......I dropped me brain............................)
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To: Red Badger

“Execute them all” needs clarifying with the addition of the “when caught” would make the court rules “whole cloth” as the saying goes...


3 posted on 06/16/2008 5:45:03 AM PDT by primatreat ("Flight animals are generally a nice source of food and wonderful target practice".)
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To: primatreat

That’s what I meant...........


4 posted on 06/16/2008 5:55:50 AM PDT by Red Badger (NOBODY MOVE!!!!.......I dropped me brain............................)
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To: Laverne
If President Bush were a vindictive man, which he is not, he would release the prisoners and close Gitmo on his successor's’ inauguration day, and let his successor deal with the resulting terror attacks.
5 posted on 06/16/2008 6:00:00 AM PDT by Daveinyork
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To: Daveinyork; Laverne; Red Badger; primatreat
Load them on a plane bound for the open desert in Iraq. Arm them, turn them loose and then as they attempt to fire on the very people who just turned them loose..... mow them down. All of them, in one move and do it live on worldwide television.

Who's next?

6 posted on 06/16/2008 7:00:18 AM PDT by Lloyd227 (and may God bless Oriana Fallaci)
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To: Lloyd227

Take them to a deserted island in the middle of the Pacific and dump them there. Let them kill each other. A real “Survivor” reality show!............


7 posted on 06/16/2008 7:04:52 AM PDT by Red Badger (NOBODY MOVE!!!!.......I dropped me brain............................)
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To: Laverne
The implications are that our fighting forces will have to obtain legal evidence that can stand up in court against each captured prisoner.
  1. Guess they'll have to retrieve shell casings and fingerprints to prove the prisoner actually bore arms against us.
  2. Then front line soldiers will have to travel 12,000 miles to a D.C. courtroom so the prisoner can "confront his accuser".
  3. The soldier(s) capturing the enemy will need to meet ASAP with a JAG to fill out a deposition which can be used to get an indictment.
  4. Our soliders will have to learn the Miranda warning in Arabic, Pashtun, Korean, Irdu and 100 other languages.

Given the obvious impact such activities would have on the combat effectiveness of a front-line unit, any commander worth his salt will decide that taking prisoners is too much of a burden on our ability to fight. There will be no prisoners. The scum the morons at SCOTUS were trying to protect will be dead instead.

Kennedy, Stevens, Ginsburg, Breyer and Souter - now synonyms for Benedict Arnold.

8 posted on 06/16/2008 7:22:24 AM PDT by Dilbert56 (Harry Reid, D-Nev.: "We're going to pick up Senate seats as a result of this war.")
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To: Daveinyork

Even better: Close GITMO and move ALL the detainees to the Washington DC City Jail. Let them sue from there. After all it’s a Federal Reservation.


9 posted on 06/16/2008 9:38:36 AM PDT by Jack Black
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To: Laverne

My favorite quote:

“Now the Court has decided that the combatants have constitutional habeas rights. If you can follow this, the bloc of liberal justices reasons that the framers designed our fundamental law to empower enemies of the American people to use the American people’s courts as a weapon to compel the American people’s commander-in-chief to justify his actions during a war overwhelmingly authorized by the American people’s elected representatives . . . even as those enemies continue killing Americans.”

This is an important article. Thanks for posting it.


10 posted on 06/16/2008 11:21:51 AM PDT by mojito
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