Maybe Hamdan Ain’t So Great

The good news is that Hamdan affirmed that Congress has a big role to play in the GWOT; the bad news is that Hamdan affirmed that Congress has a big role to play in the GWOT.  

As an example of Congressional wisdom and clear thinking, here is Senator Trent Lott’s view on Hamdan (emphasis added; h/t Think Progress):

I think some people are probably laughing at us. This is ridiculous and outrageous. Now in legal speak, let me say, I have not read the entire opinion, nor the dissents. But preliminarily my opinion is they probably didn’t even have jurisdiction. They shouldn’t have ruled the way they did. This is not a bunch of pussycats we’re talking about here. These are people that have made it clear in many instances that they would kill Americans if they got out. This is Osama bin Laden’s driver. And this is one other example of why the American people have lost faith in so much of our federal judiciary. This is a very bad decision in my opinion.

Now, Senator, in common sense speak, let me say, if you have not read the opinion, then you ought to STFU.

Furthermore, that you are scared of the big bad terrorists does not mean this is a bad decision. You may be willing to bend over and grab your ankles for the president every time he says “threat to national security,” but the rest of us would like some cogent explanation for his actions.

Why, exactly, will the world end if he has to follow the law and provide legal proceedings designed to discover the truth, as opposed to acting unilaterally and creating legal proceedings designed to deliver heads on platters? In either case, the guilty are punished. The difference is that in the former case only the guilty are punished. All Hamdan does is make the president provide us his reasons for choosing the latter.

If you like the explanation, you can change the law so that it no longer requires truth. The ball is in your court.

Explore posts in the same categories: National Politics, Scotus

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