Judicial Insanity

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Friday afternoon, National Review Online wrote an article about the Supreme Court of the United States' decision that it has jurisdiction in Afghanistan.  According to the article:

"Thursday, the inevitable earthquake struck as a federal court in Washington took the imperial judiciary global. Though Rasul and Boumediene involved only the detainees held at Guantanamo Bay, Cuba, Judge John D. Bates (a George W. Bush appointee) ruled that alien combatants detained by our military in Bagram, Afghanistan -- an active combat zone -- are entitled to petition the federal courts for their release.

Let's be clear about what this means. Judge Bates is saying that, under the Supreme Court's rulings, the jurisdiction of the federal judiciary extends everywhere in the world, without limitation, and it includes the power to micromanage wars as they are being fought."

At a time when terrorists are plotting attacks against Americans inside and outside of this country, this ruling is not constructive.  Our soldiers (at least 99 per cent of them) have acted honorably on the battlefield--taking prisoners, following the Geneva Convention.  This ruling makes it much more advantageous to shoot prisoners rather than capture them.  It is not healthy for us as a country or for our troops.  Even in a conventional war, this would be a bad ruling, in an asymmetrical war it borders on insanity.  Putting terrorists into our justice system rather than a military system is naive at best and dangerous to our safety as a nation at worst.

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This page contains a single entry by Granny G published on April 6, 2009 9:35 AM.

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