Gitmo and the Constitution
Of course, by now everybody with a heartbeat and active brain waves has heard that a judge has ruled that detainees being held in Cuba by the US gov't have a right to habeas corpus.
Though the judge in this case, Joyce Green, likely thinks she has done a great service for humanity and that she has demonstrated to the world how equal application of the law works in America, she may have opened up a Pandora's box.
Extending rights that are enumerated in the United States Constitution to foreign fighters captured by US troops on a battlefield may sound good to the far left globalist movement, but many larger problems could and may arise.
Let us suppose Judge Green's next ruling extends the right to counsel to prisoners being held in Iran. What then?
Do US judges suddenly have the power to determine who has the privelege of voting in Saudi Arabia?
May US judges establish minimum wages laws for Chinese industry? Must the US Army enforce those laws?
Apparently Judge Green has failed to adequately consider her history and legal precedent. Both the Sedition Act of 1918 and the internment camps used during WW2 have been upheld, were eventually repealed and exist no longer. More importantly, compensations have been made to the "victims" of each who were unfairly or unnecessarily considered criminals.
As much as I don't trust the Bush administration and its abuse of legitimate civil liberties against Americans, Judge Green's ruling will take our military in the wrong direction. Instead of taking prisoners captive, and holding them for the duration of the war to prevent "repatriation" with their brothers-in-arms, people will be executed to make sure none of them ever reach the inside of a courtroom, especially one presided over by a Judge like Joyce Green.
<< Home