Free Republic

You Have the Right to Remain Silent…McCain, Miranda, and Common Article 3. By Andrew C. McCarthy A number of friends and colleagues (both conservative and liberal) have either quarreled with or expressed alarm about my contention that the 2005 McCain Amendment conferred Miranda rights on alien enemy combatants. This contention has been the subject of a 2005 article (here) and a Corner Post (on Tuesday). They say I am making the McCain Amendment out to be much more consequential than it was — which is funny because, at the time, they all seemed to think it was pretty consequential. Why else...

In my view, the attacks of Sept. 11, 2001, were an act of war, not a mere crime. Our terrorist enemies don't represent a sovereign nation, wear a uniform, follow the rules of armed conflict or show any regard for humanity. The key difference between them and us is that we care about these things. Even during a time of war, we have chosen to be a nation of laws, with a different, higher set of values than the terrorists. We should always remember that we are Americans, possessing values superior to those of our enemy, and that there is...

<p>DURING THE LAST FEW WEEKS in Washington the pieties about torture have lain so thick in the air that it has been impossible to have a reasoned discussion. The McCain amendment that would ban "cruel, inhuman, or degrading" treatment of any prisoner by any agent of the United States sailed through the Senate by a vote of 90-9. The Washington establishment remains stunned that nine such retrograde, morally inert persons--let alone senators--could be found in this noble capital.</p>