Releasing Gimo detainees: the courts’ usurption
Here’s another excellent piece from Andrew McCarthy on the legal issues involved in the Gitmo detainees’ release. McCarthy—the prosecutor in the first WTC case—speaks the voice of reason, although he may be crying in the wilderness at this point.
McCarthy first came to my notice in 2004 when he wrote one of the best articles ever on our legal approach to terrorism, this 2004 piece (“The intelligence mess: how it happened, what to do about it”), which is still well worth reading for an overview. In today’s article, McCarthy notes:
What is the administration thinking? As the intelligence debacle surrounding the Christmas Day attack shows, President Obama will be blamed for failures to take obvious steps to thwart terrorists. He has the constitutional obligation to protect the nation, and Congress is firmly in the grasp of his party. If he proposed sensible procedures for terrorists’ detention cases, he’d get nigh-unanimous Republican support ”” and Democrats would go along regardless of the Left’s grumbling…Politcally, Obama can get it done. Why doesn’t he?…
Which brings us to the final, related point: Why is the Justice Department failing to appeal bad detention decisions? Rulings such as the one by Judge Kollar-Kotelly are specious. The Justice Department should not just want to appeal, it should welcome the opportunity to persuade the appellate court to do what Congress has failed to do: impose on the district courts the presumption in favor of detention that the Supreme Court outlined in Hamdi…
Why isn’t this being [appealed]? Americans are more than entitled to surmise that it is because there is a serious pro-detainee bias in this Justice Department. Many top DOJ lawyers and their firms ”” including Attorney General Holder’s former firm ”” volunteered their services for years to represent the detainees in court. Undoubtedly, several DOJ lawyers in influential positions think rulings like Kollar-Kotelly’s are perfectly reasonable. After all, these are just the sorts of rulings for which they spent the last several years arguing. They don’t want to appeal. Having represented detainees, they are untroubled by the prospect of their being released.
Please read the whole thing.
The ‘rot’ is within the system. It’s been there for some years waiting for the moment. “We are the moment we have been waiting for” ring a bell?
The ‘hippies’ of the 1960’s slowly and purposefully put on suits and ties and uniforms and took their positions. It was a silent revolution in the making. How else could anyone explain how the military ‘neglected’ to see what would happen with Nadal Hassan.
While the president is the head of snake, the body are the legislators. Four years after September 11th, the very source of global jihad, Saudi Arabia, donated $40 million to universities (the short list, there was plenty more going around) under the guise of establishing an Arab Culture and Arts Programs. Fifteen of the 19 hijackers were Saudis! You gotta ask, how, who and why would we allow dirty money be used to influence uninformed, ill informed and misinformed students.
The global jihad began in 1972 in Munich. Of course, then it was only Jews/Israelis that were murdered – move along nothing to see here, it’s a middle east problem. Almost 40 years later, the Wahabbi imams have been busy preaching in the prison system to a ‘captive audience’ and if anyone has any lingering questions as to the purpose and direction of decisions, laws and end plan – they have been answered.
German media are still covering Obama as if he were a saint. Tonight they are reporting about the meeting with intelligence heads and portraying Obama as the tough guy calling in his ineffectual employees. They report that Obama will not release any more Guantanamo detainees to Yemen, as if he hadn’t grandstanded the Guantanamo closing in the first place.
To make sure this issue gets buried, attention is turning to this (2nd paragraph on the page):
http://www.vanityfair.com/politics/features/2010/01/blackwater-201001?currentPage=4
The lawyer for Darkanzanli was given TV time to say he is innocent of any wrongdoing, and politicians are expressing outrage. The whole incident will be worked into another blame-Bush opportunity because he obviously didn’t have the CIA (more bad guys) under control. Gorelik’s wall and Holder’s political decision to prosecute CIA interrogaters will never be mentioned. Germans don’t like to deal with complicated situations. They like their good guys clearly distinguished from the bad guys. It is so much easier to point pacifist fingers that way.
My only dissapointment with that story, is that they didn’t pull the trigger on Darkanzali who went on to be a player
in the Madrid bombings. Germans distinguishing between good guys and bad guys, well they’ve gotten somewhat
better at it, with Merkel, but seriously
A p.s. to my post at the top regarding imams in the prison system and in the military, the ‘rot’ rears its ugly head in Illinois. Isn’t this the very same state where they intend to transfer detainees from Gitmo.
http://www.investigativeproject.org/blog/2010/01/radical-fundraiser-becomes-illinois-police
None of this should be any surprise to anyone with half of a functioning brain cell left. Not one bit. The Won is a reconstructed Muslim and Marxist. Where have you been the last two years?
Sadie: I found the last line of that story interesting, the part about counselling Muslim state police. I think the real job of this guy will be to silence and intimidate the police who aren’t Muslim. The only counselling he will do with Muslims is to tell them how to demand diversity and raise hell when anyone attempts to use common sense–sort of like a community organizer does. Any cannon fodder he recruits is just an extra benefit. When will people realize that the greatest danger comes not from an individual plane bombing, but from scaring our whole society into submitting to PC BS?