BeldarBlogThe online journal of a crusty, longwinded trial lawyer, bemused observer of politics, and internet dilettanteBeldar on Yoo on Boumediene; and related thoughts on Obama's preference to rely on criminal prosecutions to fight international terrorists- June 17, 2008 I respectfully concur, without reservation, with Prof. John Yoo's observations on Boumediene. Sen. Barack Obama, meanwhile, has put himself squarely back into a 1993-style, early-Clinton Administration mode of considering our conflict with radical Islamic fundamentalists as being just another exercise in crime-fighting. Crank up the grand juries. Maybe we ought to hire some extra lawyers, whot whot War What...http://www.beldar.org/beldarblog/2008/06/beldar-on-woo-o.html Lest you think there might possibly be precedents to support Boumediene, consider Justice Kennedy's admission: There aren't any!- June 15, 2008 Often it's very difficult for lay readers, or even insufficiently motivated lawyers, to figure out whether there really is or isn't strong precedent from prior cases to support a particular Supreme Court decision. The majority opinions almost always say, "Oh, yes, rest assured that this is just one more in a long, straight line of decisions; our result today was...http://www.beldar.org/beldarblog/2008/06/lest-you-think.html Boumediene isn't a rebuke to Bush, but a judicial grab of power over war from the Executive and Legislative Branches- June 15, 2008 Some people seem to think the current question about the detainees at Gitmo is whether Dubya can simply lock them up and throw away the key without ever giving any of them any sort of trial. For example, in comments to my post from Thursday deploring the Supreme Court's decision in Boumediene v. Bush, one reader wrote: The Supreme Court...http://www.beldar.org/beldarblog/2008/06/boumediene-isnt.html SCOTUS disgrace: Foreign terrorists captured abroad held to have same rights under U.S. Constitution as U.S. citizens- June 12, 2008 It's a sad, sad day for our country. A majority of the members of the United States Supreme Court have shown themselves unable to distinguish between an existential military struggle quite literally, a war over the very existence of western civilization and ordinary street crime committed by U.S. residents wholly within America. The obvious and inevitable consequence of...http://www.beldar.org/beldarblog/2008/06/scotus-disgrace.html |