Friday, September 29, 2006
Contrary To Left Leaning Opinion, The World Has Not Ended
For those of you wondering what has caused the incredibly shrill cries of faux pain emanating from the left leaning side of the political spectrum, you've obviously missed the news that Congress passed a bill allowing for Military tribunals to be used in the prosecution of terrorists.
You may have forgotten, as has much of the MSM, that the people currently residing at Club G'itmo are actually terrorists. A few months ago, SCOTUS ruled W's plan for dealing with them fell into the dreaded Unconstitutional territory. Part of SCOTUS' opinion dictated that the Congress needed to set up a system to deal with the terrorist scumbags residing at Gitmo.
Surprise, Congress actually did something about it.
In the Constitution of the United States, the power and authority to wage war is given to the Executive and Legislative branches of Government. Congress has the right, power, and authority to Declare War. The President, acting under his constitutional authority, has the power to wage war.
For those of you who may have forgotten - though how I'm not quite sure - this nation is at war. Congress authorized it. W is waging it.
Conspicuously absent from any constitutional mention in regards to war is the Judicial branch. Look it up if you don't believe me. I guess after 217 years, SCOTUS decided to inject itself into the war business. I guess they didn't have enough to do.
Now that Congress has passed the bill, which by all accounts W will sign, the left has gotten their collective thong in a tightly bunched knot about the bills provisions. Here are some of their complaints:
Included in the bill, passed by Republican majorities in the Senate yesterday and the House on Wednesday, are unique rules that bar terrorism suspects from challenging their detention or treatment through traditional habeas corpus petitions. They allow prosecutors, under certain conditions, to use evidence collected through hearsay or coercion to seek criminal convictions.I'm not a lawyer, I'm not going to play one here. What I will tell you is this is not the first time military tribunals have been used to prosecute prisoners of war. Its been done in the Mexican-American War, the Civil War, and most recently in World War II.
The bill rejects the right to a speedy trial and limits the traditional right to self-representation by requiring that defendants accept military defense attorneys. Panels of military officers need not reach unanimous agreement to win convictions, except in death penalty cases, and appeals must go through a second military panel before reaching a federal civilian court.
By writing into law for the first time the definition of an "unlawful enemy combatant," the bill empowers the executive branch to detain indefinitely anyone it determines to have "purposefully and materially" supported anti-U.S. hostilities. Only foreign nationals among those detainees can be tried by the military commissions, as they are known, and sentenced to decades in jail or put to death.
At the same time, the bill immunizes U.S. officials from prosecution for cruel, inhumane or degrading treatment of detainees who the military and the CIA captured before the end of last year. It gives the president a dominant but not exclusive role in setting the rules for future interrogations of terrorism suspects. (Emphasis Added)
Remember that the people standing before these tribunals were apprehended on a battlefield. The definition of battlefield has been greatly broadened in this conflict - not by the United States but by those who chose to wage war against her. They will be tried under something resembling the Uniform Code of Military Justice (UCMJ). This is the same system under which we try our own military personnel. The terrorist scumbags believe themselves to be soldiers of Allah. Guess what? Now they get to be treated like soldiers.
Again, this nation is at war. I'm tired of hearing the whining about the treatment of terrorist scumbags. We treat them far better than they treat Americans. Case and point - Danny Pearl. I emphasized the fact that no US citizen would be subject to the military tribunals and would have the rights currently being denied to foreign terrorist scumbags. Well, I guess there are some benefits to being a US Citizen.
The Global War on Terror is not an intellectual exercise. Its not a moot court proceeding where all that is at stake is a grade nobody will ever see and a mind numbing opinion paper even fewer will read. This is a war which must be won. Its time people started acting accordingly.
Here endeth the lesson.