SUPREME COURT OUTLAWS PRIVATE PRESIDENTIAL MILITARY COURTS-FOR
NOW
PRESIDENT MUST BEG CONGRESS REAL HARD FOR MILITARY
COMMISSIONS.
Just as I started feeling
good about beating up on the United States Supreme Court justices this week,
calling them black-robed closet Nazis and Neanderthals (see above commentaries)
the justices vote by 5-4 (oops, 5-3 Chief Justice Roberts recused himself on
this one- but WE all know where he stands) to deny President Bush the right to
use his own executive-derived and organized private Star Chamber proceedings
against detained ‘enemy combatants’.
This decision would seem to
negate this writer’s usual uncanny grasp of which way the political winds are
blowing. Not so. Without trying to weasel out of this squeamish situation by
lawyerly argument I would point out that in The Angels of Death Ride Again (see
above) that the Court was positioning itself just to the left of the medieval
Star Chamber. And I am correct on this. The Court’s decision did not strike
down the executive military commissions as the vehicles for show trials that
such commissions had become but only that the President must ask Congress
nicely to set them up with all due
regard for those shopworn concepts- the rule of law and the constitutional
balance of powers. When the Court starts bringing these arguments in it’s
definitely time to head for cover. How hard do you think the Bush
administration is going to have to fight Congress (presumably in an election
year) to get approval for legislation military commissions to try a bunch of
Moslems fanatics. Damn, they live and breathe for these kinds of soft ball
votes.
We live in desperate times as
the above commentaries for only ONE WEEK make abundantly clear so we have to
take even small victories, such as this decision when we can get them. Any
limitation, no matter how small, on the Imperial Presidency can only help give
us a little breather. Enough said.
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