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Thursday, June 12, 2008

Gitmo Detainees Can Challenge in Civilian Court

For the first time in U.S. history, enemy combatants captured in foreign battlefields now have constitutional rights in civilian U.S. courts, according to a 5-4 Supreme Court decision.

So now, U.S. soldiers will have to read prisoners Miranda rights before detaining them, as well as documenting the exact events leading to each prisoner's capture.

The MSM will describe this as a loss to the Bush Administration, but this is a loss to the country and to the taxpayers. Terrorists now have as many rights as American citizens. This is really quite an abomination. The only solution now is for American soldiers to simply kill all combatants and not take any POWs.

Here is a portion of Scalia's scathing dissent, courtesy of Hot Air:

Today the Court warps our Constitution in a way that goes beyond the narrow issue of the reach of the Suspension Clause, invoking judicially brainstormed separation-of-powers principles to establish a manipulable “functional” test for the extraterritorial reach of habeas corpus (and, no doubt, for the extraterritorial reach of other Constitutional protections as well). It blatantly misdescribes [sic] important precedents, most conspicuously Justice Jackson’s opinion for the Court in Johnson v. Eisentrager. It breaks a chain of precedent as old as the common law that prohibits judicial inquiry into detentions of aliens abroad absent statutory authorization. And, most tragically, it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner.

The Nation will live to regret what the Court has done today. I dissent.


*Update*

The more damning quote from Scalia follows:

“The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”


And if it happens, we will have the Left to thank.