I believe one day we will regret the conference of a growing list of due process rights on the enemy and access to civilian courts the same way we now regret the wall of separation and the Church Committee. The purpose of detention is security, not punishment. Security also trumps criticism from Europe, the UN or Human Rights Watch. The Supreme Court in Rasul opened this can of worms. Now, Congress is in on the act. In my view, the judicial and legislative branches are succeeding in making it more difficult for the commander-in-chief to successfully wage war and defend the homeland. And why this radical change from past wars? I honestly don't know. This war has been waged more "humanely" than any major war in our history.
And the second:
To put it succinctly, it's remarkable that the commander-in-chief's authority to detain and interrogate unlawful enemy combatants was stronger before 9/11 than it is today.
I believe that he is absolutely correct. In say, 10 years, when the Senate Committee convened to investigate why New York was obliterated from the map by a Al Qaeda nuclear weapon and nothing was done to anticipate it, this issue will surely arise.
Have we grown so irreparably idiotic that the idea of "self-defense" has no meaning anymore--even in a time of war? Are we so much in denial that we refuse to face the fact that these people want to kill us? Have we already forgotten that a percentage of those we "humanely" released have gone right back to killing people again?
What does it take to get serious about the fact that we are fighting for our survival as a civilization?
If I saw an individual behaving as our country's leaders in Congress are behaving right now, I would have to conclude that they are acutely suicidal and represent an imminent danger to all of us.
Maybe when our elected officials get to heaven (where they will surely go because of their fanatical adherence to their holy ideology), they can debate proper judicial procedures with the 72 virgin suicide bombers whose rights they so valiantly protected. Praise be to Allah.
UPDATE: Andy McCarthy has a piece up today (11/15/2005) about "Snatching Defeat from the Jaws of Victory" which discusses some of the spreading insanity of our elected leaders in the Senate.