Free Republic

PRESIDENT Obama's passivity before the threatened foreign prosecution of Bush administration officials achieves by inaction what he fears doing directly. This may be smart politics in the Democratic Party, but it risks grave long-term damage to America. Ironically, it could also come back to bite future Obama administration alumni, including the president, for their current policies in Iraq, Afghanistan and elsewhere.

A few weeks ago I was watching a program on C-Span pertaining to the impact of foreign court opinions upon the U.S. justice system. The primary participants in the discussion were Supreme Court Justices Antonin Scalia and Stephen Breyer, and the event took place at the American University Law School in Washington D.C. rtsp://video.c-span.org/archive/sc/sc011305_scalia.rm The debate revolved around questions asked by a moderator named Professor Norman Dorsen, and the first multi-part question asked was, "When we talk about the use of foreign court decisions in U.S. Constitutional cases, what body of foreign law are we talking about? Are we limiting...