RochesterConservative.com

“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 in Washington, 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 plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”

That is the scathing dissent written by Justice Scalia in regards to Boumediene v. Bush, where the Supreme Court ruled that the unlawful enemy combatants - people on the battlefield without uniform, attacking our troops, who have no rights under the Geneva Convention - have the right to Habeas Corpus. The ruling declares that, despite the Detainees Treatment Act of 2005 and Military Commissions Act of 2006, which provide a framework for military tribunals and the treatment of detainees, people who have never set foot on American soil but have attacked our soldiers have the full rights of American citizens when it comes to petitioning the judicial system for their trial and release.

That is, unless the US can bring an immediate case against the combatants, complete with proof of their actions, in the regular criminal court system, whereby the US will be forced to either give up national security information or be forced to declare that it has no information that can be released to the public, the prisoners are to be released to fight our men and women once again.

Never has the decision been made to put enemy soldiers back on the battlefield to fight against our soldiers yet again. It’s sheer lunacy. Here Mohammed, have another crack at killing our soldiers and creating unrest.

The lines were split in the usual manner, Kennedy, Souter, Breyer, Ginsberg and Stevens for selling out the military, with Scalia, Roberts, Alito and Thomas against the action. You know, your honors, and I use that word lightly, impeachment isn’t limited to the executive branch… Judges have been impeached, tried, convicted and removed from office for far lesser crimes than treason (which is defined in the Constitution, in part, as giving aid and comfort to America’s enemies.)

PL <phantomlord@rochesterconservative.com>