The Hamdan decision, tried, among other things, to extend the provisions of Common Article 3 of the Geneva Conventions to al Qaeda and Taliban detainees –overturning generally understood interpretations of international law that have always held that that the Geneva conventions do not cover terrorists, who are not signatories to the conventions, or otherwise lawful combatants. The 5-4 majority on the Supreme Court essentially bought into the NGO/international lawyer lobby line of argument that sought to privilege non-state actors such as terrorists and “liberation movements” – and put them on the same level as nation states.
Mr. Fein blandly tells us that the “Constitution celebrates freedom and due process as the norm” and that Congress, in adopting the Military Commissions Act, did not engage in “any demonstration that applying customary legal rules to suspected international terrorists to safeguard against executive error or injustices. . .would threaten national security or the safety of America.”
Beg pardon sir, but the Congress is not required to engage in such a “demonstration” because the “customary” legal rules you are talking about do not apply to unlawful combatants. The Left is essentially denying that there is any such category -- that persons captured in arms against the United States or other countries are ipso facto prisoners of war. Well, there might be exceptions – I suppose the Left would have a fit if we captured right-wing terrorists and gave them the due process the Lefties are demanding for their precious Islamic nutjob terrorists.
Mr. Fein’s shopping list is not complete. In addition to the Military Commissions Act – he wants Mrs. Pelosi and her Leftist friends to start “. . .using the power of the purse to terminate the National Security Agency’s warrantless spying program.” But this is not all:
Mrs. Pelosi should also urge revision of the state secrets privilege. It denies justice to victims of constitutional violations if proof of their claims would require disclosure of classified information, for example a conspiracy to torture hatched between United States and foreign intelligence officials.
Fortunately, there is not a prayer of any of this happening, and if the Donkeys are this stupid (oh, we can only hope) to make their stand on the basis of civil rights for scumbag spies and foreign terrorists…both the filibuster and the veto pen are waiting.
Why don’t we just let Osama and Hamas sue in American courts ? Just go ahead and prostitute the Constitution, and American citizenship and make our rights apply to everybody, everywhere. The Left thinks there is no difference whatever between American citizens and the meanest peasant in Pakistan. As for secrets, clearly, to all Right Thinking people, especially at big universities or Leftie kaffee klatches, Rule of Law trumps trivalities such as national defense or foreign intelligence.