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Court Skeptical of Bush Admin Terror Policy
If yesterday was any indication, a federal appeals court will soon hand the Bush administration a major defeat on their policy of indefinitely detaining "enemy combatants."
Ali al-Marri might be an al-Qaeda sleeper agent. Or at least, the Bush administration said so and detained him five years ago, but has never charged him. Instead, al-Marri, a citizen of Qatar living as a legal resident in Illinois, has been detained for all that time in a Navy brig in Charleston, SC. The administration's stance is that, thanks to the Authorization for the Use of Military Force passed by Congress on September 18, 2001, it can hold al-Marri as long as it sees fit. It got a boost last year from the Military Commissions Act, which revoked due process from anyone detained as an enemy combatant.
Yesterday, lawyers for al-Marri challenged his detention before the U.S. Court of Appeals for the Fourth Circuit. Some of the judges appeared disinclined to accept the administration's arguments, according to The New York Times:
“What would prevent you from plucking up anyone and saying, ‘You are an enemy combatant?’ ” Judge Roger L. Gregory of the United States Court of Appeals for the Fourth Circuit asked the administration’s lawyer, David B. Salmons.
If the court rules as it seems inclined to, it would represent a serious curtailment of the legal -- some would say extra-legal -- architecture the Bush administration has relied on to pursue the war on terrorism for the past five years.
"...It's a monstrous idea to put people in prison and keep them there. Since 1215, civil authorities have been obligated to tell people with what they are charged if they're arrested. This administration has done away with rights first enshrined in the Magna Carta nearly 800 years ago, and we've let them do it..." - Molly Ivins, 1/8/07
February 2, 2007 12:10 PM | Reply | Permalink
We've let them? Not me.
I voted against this regime. I have wrote & called my elected politicians.
This disgrace is because of our Congress. They are the ones that allow the treason to happen.
February 2, 2007 12:16 PM | Reply | Permalink
We've let them? Not me.
I voted against this regime. I have wrote & called my elected politicians.
This disgrace is because of our Congress. They are the ones that allow the treason to happen.
February 2, 2007 12:16 PM | Reply | Permalink
Justin Beek,
You don't like Molly Ivins' rhetorical use of collective blame for the electorate. Fine. But then you turn around and do the same thing yourself, blaming "Congress" as if it was a single entity. The habeus stripping only stayed in the MCA by a Senate vote of 51-48.
February 2, 2007 12:29 PM | Reply | Permalink
Molly's right. It's ultimately the people's responsibility. While we may not have elected these schmucks, we've been docile enough to allow it to keep on happening.
February 2, 2007 1:19 PM | Reply | Permalink
It's only a matter of time until Judge Roger L. Gregory is forced from his bench by the administration.
February 2, 2007 1:27 PM | Reply | Permalink
" We are the people who run this country. We are the deciders and we need to raise hell. "
Molly Ivans, from her very last column.
Stand Up Against the "Surge"
http://www.alternet.org/columnists/story/46657/
February 2, 2007 1:33 PM | Reply | Permalink
Pat McGroin,
Funny you say that. I was just thinking, if the Court rules against the administration, I'm sure the right wingers are ready to blame this on Clinton.
Judge Gregory was the circuit judge Clinton recess appointed to the bench (because the Republicans on the Judiciary Committee wouldn't take up his nomination). Gregory is the first black judge to sit on the 4th Circuit bench, Bush actually re-nominated Gregory and he was the first circuit judge confirmed in Bush's presidency.
Nevertheless since Clinton put him on the bench, if Gregoy votes against the government (especially if he writes the opinion), we'll see another "blame Clinton" talking point.
http://en.wikipedia.org/wiki/Roger_L._Gregory
February 2, 2007 2:05 PM | Reply | Permalink
"As of November 2006, according to MSNBC.com, out of 775 detainees who have been brought to Guantanamo, approximately 340 have been released, leaving 435 detainees. Of those 435, 110 have been labeled as ready for release. THAT's HALF! Of the other 325, only "more than 70" will face trial, the Pentagon says. That leaves about 250 who may be held indefinitely." Wikipedia
So, it seems that the administration is often wrong, about 50% of the time, about who is a terrorist and who isn't.
In these colums and their subsequent responses it's easy to lay blame at the foot of 'the administration'; but in my dealings with American people I rarely encounter folks who are outraged over this type of behaviour.
If other countries were grabbing Americans off the streets and shunting them away to detention centres, I'm sure the outcry would be heard around the world.
RF
February 2, 2007 3:00 PM | Reply | Permalink
Yes, we are to blame. We have allowed this to happen while we were busy caring more about 'survivor' and 'idol' than about how this Administration of criminals was busy shredding our rights, one by one.
Most of the lost souls down at Gitmo were purchased by our government for up to $25,000 each from middle eastern 'operatives'.
Why is it taking so long for us to wake up? We need to get off our fat backsides and scream and yell and say "we're not going to take this anymore". This used to be our country and we need to take it back.
We reapp what we sow and for the past six years the crop has been rotten. Let's sweep away this dirt and get back to being a part of the human race.
February 3, 2007 3:57 AM | Reply | Permalink
Hello
Nice work from your side... have a nice time with yoru blog :)
G'night
January 11, 2008 4:02 AM | Reply | Permalink