The TrueSoldier Rants

The Thoughts of a Conservative mind.

Supreme Court Decision on Enemy Combantants

I must say I was utterly shocked at this latest decision by the Supreme Court.  How can the court bestow habeas corpus rights (a right given to Americans by the Constitution) to enemy combatants that were not even captured on US soil?  This goes above and beyond crazy and has lead to some of the following questions I have heard over hear in Iraq:

Does it mean that before they capture an enemy combatant are they going to be expected to read them their Miranda rights or face the possibility that they will be released? Are the courts going to decide that since the enemy combatants, that were already captured, did not have their Miranda rights read will they be released? If so, what kind of an influx of enemy combatants will this cause (remember we have AQI on the ropes here in Iraq right now and a release of the enemies would be a huge reinforcement to AQI)? How will they go about prosecuting these enemy combatants without giving away intelligence assets (remember we have a lot of Iraqi’s that are helping us and this could put them in direct danger; hence making it less likely that they will continue to help us out)?

My take on this is the US Government will more than likely start handing the detained enemy combatants over to the Governments in Iraq and Afghanistan.  That is about the only way I can think of that the detainees will be able to continue to be detained.  Of course this is not a fool proof plan.  The governments of both countries could decide to release them, they could even decide to prosecute them (Just think Saddam).  If we do not hand them over to the Iraqi or Afghan government and allow them to go to the civilian courts for trial this is what I could see happening:

The enemy combantant ACLU lawyers go court shopping to find the most liberal courts in that land.  They argue that the enemy combantants should be released due to something along the lines of not being read their Miranda Rights. At this point they will probably use the same ACLU lawyers to sue our government (in other words the taxpayers), win the lawsuit and then be granted citizenship as a way for the liberal courts to say “we’re sorry for your detention”. At this point the same ACLU lawyers will already have briefs ready to file in case their clients are ever considered suspects in any kind of terrorism investigation. The briefs will state that the Government is harassing their clients by keeping tabs on them in a terrorist investigation and that it all stems back to the Government being a poor looser over the botched criminal case against their clients.

Justice Scalia writes, “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.” Justice Scalia’s 25-page dissenting opinion concludes, “The Nation will live to regret what the Court has done today. I dissent.”

I saw this quote from Ronald Reagan and felt it appropriate:

We’re in greater danger today than we were the day after Pearl Harbor. Our military is absolutely incapable of defending this country.

In other words, if we continue to hamper our military and our President as they prosecute this war against Islamic Radicals how can they possibly continue to protect us against the enemies of our great nation?

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June 13, 2008 - Posted by | Uncategorized

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