SO MUCH FOR TRIALS

In reviewing the opinions of the Supreme Court in their Hamdan decision today, it seems pretty clear what action the Bush administration will take in the future with the detainees of the war on terror. More to the point, we know what action they will not take, at least if we rely on Justice Stevens' opinion. On page 80, in section VII of his opinion, Stevens writes:

We have assumed, as we must, that the allegations made in the Government’s charge against Hamdan are true. We have assumed, moreover, the truth of the message implicit in that charge—viz., that Hamdan is a dangerous individual whose beliefs, if acted upon, would causegreat harm and even death to innocent civilians, and who would act upon those beliefs if given the opportunity. It bears emphasizing that Hamdan does not challenge, and we do not today address, the Government’s power to detain him for the duration of active hostilities in order to prevent such harm. But in undertaking to try Hamdanand subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in thisjurisdiction.

Shorter Stevens: Don't attempt to hold trials at all for GWOT detainees, and you will have no problems with us. That affirms the treatment of these detainees as POWs in some sense, but in that effort, it makes clear that these detainees have no rights to any court. Stevens only says that if the government wants to try them, then the government must use civil courts, a strange ruling nonetheless when one reviews the relevant articles of the Geneva Convention.

I'm satisfied with that agreement. Lock all of them up until Islamofascists surrender or die. When the Islamist terror networks give up their war on the United States, then we will release them. Until then, they can remain in Guantanamo Bay or wherever we set up detention facilities for them.

GOP PUTTING HEAT ON NY TIMES

The Hill magazine’s Patrick O’Connor and Jonathan Allen are reporting that the House GOP is putting the heat on the NY Times for their reporting of the SWIFT counterterrorist program. Here’s how they’re doing it:

House Republican leaders are expected to introduce a resolution today condemning The New York Times for publishing a story last week that exposed government monitoring of banking records. The resolution is expected to condemn the leak and publication of classified documents, said one Republican aide with knowledge of the impending legislation.

This is an easy decision on the GOP’s part. Not only do they condemn the NY Times’ revealing an effective counterterrorism program but they put the Democrats in the position of either voting against the NY Times’ reporting or of saying that the leaking, and reporting, of this and similar types of programs is ok with them. That’s hardly the position they want to be in.

Expect Democrats to whine about the GOP ‘playing politics with national security and First Amendment issues.’ That’s a surefire sign that they’re caught betwixt and between on a thorny issue for them. Don’t be fooled by their caterwauling. It’s just their attempt to distract from expressing their opinion on the issue of leaking vital national security programs.