President Bush's victory is a defeat for American honor
February 23, 2007
By TOM TEEPEN Cox Newspapers
President Bush has won a signal legal victory. He should be ashamed of it. In a 2-1 decision, a panel of the U.S. Court of Appeals in Washington has upheld the administration's contention that prisoners the administration is holding at Guantanamo — some 400, reportedly — cannot challenge their detentions in federal courts.
That leaves their fate up to Bush's personal whim or to military tribunals set up by the administration and recent Republican Congresses so as to offer little hope to detainees picked up, often willly-nilly, as long as five years ago as suspected "enemy combatants."
The prisoners can be doomed by coerced testimony — testimony produced by torture, to be plain about it — and by hearsay, permissions granted last year in the Military Commissions Act, which in those and other ways deeply degraded the U.S. military's once proud system of justice.
The appellate ruling will be further appealed to the Supreme Court, but even if the justices take it up — big if — relief is unlikely. The high court has twice in recent years ruled that the Guantanamo prisoners may indeed challenge their status in federal courts, but only in the absence of a contrary congressional directive of the sort last year's legislation set out.
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So here's the way matters stand in Bush-world:
A president may declare a war just by his rhetoric — Bush could as easily have called his "war on terrorism" a "drive against terrorism." He can then order the detention of "enemy combatants," designated as such by whatever criteria he declares, and finally imprison them indefinitely without recourse to any court. The "war" and the president's extraordinary powers will run for as long as the president says — and remember, Bush said we might not even recognize when this one ends.
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