Thursday, August 07, 2008

NRO Editorial on Boumediene v. Bush

Boumediene v. Bush will have unintended consequences.

Combating the Combatants Decision:
...Now, the runaway justices say that foreign al-Qaeda killers detained in Cuba can march right into the federal district courts and demand what, suddenly, are their constitutional rights.

In those courts, judges — without guidance and emboldened by the high court’s usurpation of war powers — will be encouraged to make it up as they go along: More access to classified information? Subpoenas commanding the testimony (and cross-examination) of our soldiers regarding the circumstances of capture? Miranda warnings? Prompt access to counsel, which is certain to halt any questioning — and thus any revelation of lifesaving intelligence — before it can even start? Full-blown trials in the criminal-justice system with the same presumptions of innocence, privacy, and other privileges vested in American citizens?

And who will adjudicate the resulting mess? Our imperial court, of course.


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