Veer Right Weblog

A Conservative View on Politics and the World

  • cover_art_xsmall1
  • Categories

  • Archives

  • The Freedom Our Forefathers fought for must be protected.

    "Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free." - Ronald Reagan

  • revised120x602

What About Precedence?

Posted by rightwinger on June 25, 2008

The reality is there is no precedence for allowing enemy combatants the right of habeas corpus. In fact the opposite is true. In the Johnson v. Eisentrager, 339 U. S. 763 (1950) case the US Supreme Court ruled that habeas corpus should not be given to WWII enemy combatants.

JUSTICE SCALIA, with whom THE CHIEF JUSTICE, JUSTICE THOMAS, and JUSTICE ALITO join, dissenting. Today, for the first time in our Nation’s history, the Court confers a constitutional right to habeas corpus onalien enemies detained abroad by our military forces inthe course of an ongoing war. My problem with today’s opinion is more fundamental still: The writ of habeas corpus does not, and never has, run in favor of aliens abroad; the Suspension Clause thushas no application, and the Court’s intervention in this military matter is entirely ultra vires. America is at war with radical Islamists. The enemy began by killing Americans and American allies abroad: 241 at the Marine barracks in Lebanon, 19 at the Khobar Towers in Dhahran, 224 at our embassies in Dar es Salaam and Nairobi, and 17 on the USS Cole in Yemen. See National Commission on Terrorist Attacks upon the United States, The 9/11 Commission Report, pp. 60–61, 70, 190 (2004). On September 11, 2001, the enemy brought the battle to American soil, killing 2,749 at the Twin Towers in New York City, 184 at the Pentagon inWashington, D. C., and 40 in Pennsylvania. See id., at 552, n. 9. It has threatened further attacks against our homeland; one need only walk about buttressed and barricaded Washington, or board a plane anywhere in the country, to know that the threat is a serious one. Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq. Last week, 13 of our countrymen in arms were killed. The game of bait-and-switch that today’s opinion playsupon the Nation’s Commander in Chief will make the warharder on us. It will almost certainly cause more Americans to be killed. That consequence would be tolerable if necessary to preserve a time-honored legal principle vital to our constitutional Republic. But it is this Court’s blatant abandonment of such a principle that produces thedecision today. The President relied on our settled precedent in Johnson v. Eisentrager, 339 U. S. 763 (1950), whenhe established the prison at Guantanamo Bay for enemy aliens. have transported prisoners there, but would have kept them in Afghanistan, transferred them to another of our foreign military bases, or turned them over to allies for detention.  Those other facilities might well have been worse for the detainees themselves.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: