I Do Not Agree

The bottom line of this decision is that only U.S. citizens, in the United States who are doing nothing (test: Define “nothing”) have any legal protection.  If you are a human being in any other part of the world, you have no rights under U.S. law.

Folks, this is totally at odds with everything that I have learned in my whole life.

Where I differ with the media, the politicians and the courts is in the use of the word “war.”  A war is between two or more different states, such as in World War Two.  What is going on in Iraq, AfPak, Yemen and other places is an insurgency with the state on one side and stateless actors on the other.  Which is why I view thia as more of a political statement:

In her separate opinion, Judge Brown argued that the courts may not be the proper forum for resolving issues raised by “wartime detention,” under existing legal norms.  The processing by a court of habeas claims by such detainees, she indicated, is flawed during wartime.  “In the midst of an ongoing war, time to entertain a process of literal trial and error is not a luxury we have,” the opinion said.  She expressly noted that the Supreme Court “has not foreclosed Congress from establishing new habeas standards” to carry out the Boumediene decision.

The use of this political/legal reasoning tears at the fabric of the ideals that made the United States a beacon and destination for two hundred years for countless millions.  Partisan politics and weak, spineless politicians are taking us over a cliff.

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