Strengthening Constitutional Self-Government

No Left Turns

The Supremes and war

John Yoo has some thoughts on Hamdi and Rasul. Read the whole thing, but this will give you an idea:

"But despite the pleas of legal and media elites, the justices did not turn the clock back to Sept. 10, 2001. While the Court has unwisely injected itself into military matters, closer examination reveals that it has affirmed the administration’s fundamental legal approach to the war on terrorism, and left it with sufficient flexibility to effectively prevail in the future.

To wit, the Court agreed that the U.S. is at war against the al Qaeda terrorist network and the Taliban militia that supports them. It agreed that Congress has authorized that war. Moreover, the justices implicitly recognized that the U.S. may use all of the tools of war to fight a new kind of enemy that has no territory, no population and no desire to spare innocent civilian life.

Taken as a whole, the Court’s message is unmistakable: The days when terrorism was merely considered a law enforcement problem and our only forces were limited to the FBI, federal prosecutors and the criminal justice system will not be returning."

Discussions - 1 Comment

Somehow, I cannot imagine these possibilities, however probable in the US, are highly unlikely to become realities in Iraq. The Iraqi people are not about to let the defeated tyrannt out of their grasp to the tender mercies of their overlawyered liberators. Too, wouldn’t the Butcher of Baghdad have to be extradited to the US? Does anyone know of extradition treaties with Iraq? I cannot imagine there were any with the Ba’thist regime. Did the CPA make extradition arrangements or are those issues pending negotiation with the newly sovereign Iraqi government?

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