Democrats in Congress are again pushing an effort to extend U.S. Constitutional protections to all the people of the world. Well, not all the people in the world, just the ones that are fanatically dedicated to slaughtering any and all Americans. If you’re not an Islamic terrorist obsessed with the wholesale murder of Americans, then you need not apply for the generous habeas corpus protections.
Astonishing as it may seem, congressional democrats are struggling in a time of war to find the best way to create an unprecedented package of legal benefits that will apply exclusively to the avowed enemies of the United States. It’s sort of a rewards plan for members of al Qaeda, and those who are of like mind. Ironically, they do this even as they look for a way to abandon the notion of bringing democracy to millions of people who have been brutally oppressed by despotic regimes and Islamic terrorist butchers whose contempt for such quaint legal concepts is well documented.
The Washington Post editorial board is again urging the democrats to grant “unlawful enemy combatants” captured on the battlefield legal rights currently reserved for U.S. citizens and legal visitors on U.S. soil. The Post urged Democratic Representative Ike Skelton (MO.) to move aggressively forward with his legislation that would give terrorists like September 11th planner Khalid Sheikh Mohammad (KSM) access to lawyers and U.S. courts. (May 9th p. A-16).
It is widely agreed that if these habeas rights were to be granted to the 380 or so terrorist detainees currently held at GITMO, (presumably with more to come) that the court system would be flooded with efforts to free them based on legal standards that have never before been applied in time of war – by any country – anywhere..
With more than 500 habeas attorneys already lined up to defend the terrorists, (one terrorist currently has nine lawyers) there is a legitimate concern that many would actually walk free with their berserk bloodlust for Americans very much intact. The terror lawyers have the objective of freeing the terrorists. The Democrats have the objective of making sure the terrorists get access to those lawyers.
This Democrats’ effort is foolish for obvious reasons. We are not “waging law enforcement,” we are waging war. Soldiers and intelligence officers selflessly operating in the field are not trained in the ways of law enforcement, nor are they crime scene investigators. They don’t take fingerprints and recite nonexistent Constitutional rights to the reptiles of radical Islam. They don’t collect evidence and monitor the chain of custody with an eye toward establishing guilt in a court of law. Nor should they be required to. But that would essentially become the new standard.
The notion of gifting habeas rights to captured terrorists speaks to the shocking disconnect between those who acknowledge that we are at war, and those who — in an irrational state of brain damaged denial — imagine that we are dealing with a Rodeo Drive purse-snatching ring.
Advocates of this legislation argue that we must create these unheard of obstacles for ourselves, and make life easier for our enemies, in the name of preserving our sense of fair play. Nothing could be more absurd. No nation ever won a war by being nicer than their enemy, and we face an uncommonly merciless foe.
The Bush administration has it about right, and the courts have confirmed that. By classifying the terrorists as “unlawful enemy combatants,” we have the legal authority to hold them forever. They do not merit the status or “prisoner of war” nor are then technically entitled to the protections of the Geneva Conventions. Our courts have ruled that treatment of enemy combatants should be governed by Common Article III of the Convention — and so it is.
The Justice Department is currently moving to dismiss hundreds of habeas cases brought by these activist attorneys following a recent U.S. Court of Appeals ruling in favor of the law Congress passed only two years ago that takes the habeas corpus rights away from these detainees. Since the courts have gone against the attorneys, the handmaidens to terror must now look to the new Congress to change what its immediate predecessor did.
Democrat Senator Patrick Leahy (Vt.), carrying forward the cause of the jihadis, recently said that the current law, “is a dangerous and misguided law that undercuts our freedoms and assaults our Constitution…”
Of the approximately 390 detainees that have been released from GITMO, at least 12 and perhaps more than 30 of the radical Islamists have returned to waging jihad against us, according to the Defense and Justice Departments. This fact alone is proof of our excessive generosity and would suggest that we need to tighten the rules, not make them more favorable to our enemies.
Former CIA director George Tenet recently told "60 Minutes" that when al Qaeda kingpin Khalid Sheikh Mohammad was captured by U.S. agents in Pakistan, he essentially scoffed at his captors and told them, “I’ll talk to you guys when you take me to New York and I can see my lawyer.” This little tale is emblematic of the reality that advocates of extending habeas would create. Rather than being feared by our vicious enemies, we would be a laughing stock.
It has been more than five and a half years since we were attacked on September 11th, 2001. The fact that we are still dithering over the status of terrorists is inexcusable. The fact that democrats continue to seek ways to further soften our approach borders on the criminal.
These men are prisoners taken in a time of war. The fact that the war may go on beyond all of their lifetimes is the bad fortune of those who have been captured.
The democrat political leaders have heaped scorn on our troops, slurring them as “Nazis,” declaring the war “lost,” calling Guantanamo the “gulag” of our time, trying to kill the Patriot Act, leaking top secret counter-terrorist programs to the press and sending the wrong message to the enemies of our country. Now they carry water for lawyers who want to free those captured on the battlefield. And all the while they ask Americans to come out and vote for them so they can lead us in a time of war.
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