While Michelle Malkin writes the Senate’s passage of the Homeland Security authorization brings us ‘One step closer to bringing Gitmo circus to U.S. soil,’ the two primary effects are these:
The language they used, i.e. for “prosecution” or “legal proceedings,” is an unfunny joke. With litigation pending on every detainee, the latter provides the administration a loophole to bring those they have no intention of prosecuting into the U.S., without having to call it indefinite detention.
The bill deletes the requirement for the DHS to conduct a threat assessment of each detainee prior to their being brought into the U.S. Should the Supreme Court decide against the pending appeal made by the DOJ of the lower court’s decision concerning the Uighurs, we will come full circle back to the Real ID Act. Will the administration then state they may not immigrate because either they trained in terrorism or are associated with a terrorist organization? More likely, President Barack Obama will punt another national security decision to the judiciary branch by allowing known terrorists to immigrate to the U.S. under the guise of “rule of law” and “our core values.”
Update: Perhaps some are not seeing the significance of “legal proceedings.” President Obama has no intention of keeping the detention facilities at Guantanamo open one day longer than necessary. In line with Boumediene v Bush, federal judges are already adjudicating whether Gitmo’s detainees can lawfully be detained and ordered a number of them released (with few nations taking them). Beyond the current litigation, their lawyers have hundreds of briefs waiting to file as soon as the detainees arrive on U.S. soil on all those not prosecuted; the ACLU is salivating at the thought of getting their clients into immigration court.
Note: Cross-posted from here.
Hannity looks nicer in person
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The only war this Administration is capable of waging is a war against the Constitution, free speech and the media it dislikes.
Every conservative understands that a statute cannot supersede the Chief Executive regarding Constitutional wartime authority and the Federal and Supreme justices damn well understand their equal and coequal roles as well. They simply don’t care. In fact this area is almost sacrosanct and untouchable yet the court, deliberately misinterpreting its role as final arbitrator, will sell this nation’s security, to those planning our destruction, just as fast as an international court, under an international treaty, would undermine what’s left of state and national sovereignty.
And what can you expect from a Commander-in-Chief who sympathizes with the enemy, finds fault with America, has no military experience and never expected that he needed to finish a war he erroneously imagined that his predecessor already won. Sorry, but that was the Iraq theater, the war he said we should have departed from before winning, even arguing and suggesting that we invade into Pakistan from Afghanistan. That was noisy campaign rhetoric that today is deemed barely newsworthy from the mainstream media’s perspective and is supported by a President who furiously pursues his domestic agendas, with a laser focus, while he procrastinates on the war.
Barack Obama is a Chicago trained bully, using fascism to introduce socialism but has a real lust for communism. FDR and Mussolini are lightweights by comparison. He is a constitutionalist only to the extent that he seeks to reinterpret it using the judiciary, or to better understand when to flagrantly ignore it. Ultimately the document only works when upheld by those that understand and respect it. This tribe of congressional socialists have no trouble using the Constitution to create imagined liberties and rights that go to the core of their socialist beliefs but are the first to ignore the essence of the freedom and liberty it was designed to protect.
We have four conservatives and four liberals on the Court with Kennedy being the swing vote who has recently consistently sided with the liberal element to undermine America, her military, her safety, her security and her Constitution. Literally five appointees are undoing what the Constitution was designed to do while enabling it to do what it was never permitted to do.
It is interesting that in 1990 Kennedy sided with the majority of the Rehnquist court (United States v. Verdugo-Urquidez) when he decided that the Fourth Amendment did not protect a non-resident alien because the defendant lacked a sufficient relationship with the U.S. to call on the Constitution for protection. He even wrote a concurring opinion stating that the application of the Fourth Amendment would interfere with the ability of the U.S. to engage in actions designed to protect our interests abroad. I suspect that Justice Kennedy’s annual trips to Austria have provided more than summer entertainment; they have undermined his believe in our Constitution and it’s proper applicability. It was crafted to protect American citizens from foreign enemies and to secure for Americans and their posterity liberty and freedom. To the extent it has been recently interpreted to protect our enemies does more than just neutralize the document; it aggressively defeats the very purpose of its creators.
The American people will not voluntarily starve to death, they will not voluntarily give up their property, they will not voluntarily not pursue what is in their best individual interests and the interests of their families and they will not voluntarily commit suicide because a rogue legislature, or a rogue judiciary or a rogue executive decides to constitutionalize tyranny. Our Constitution is based on the philosophies of Locke, Hume and Burke, which were based upon common law and common sense, which were further based upon natural law. Legislators can no more use the general welfare clause of the preamble or Article One, Section eight that specifically restrains the Congress by qualifying and quantifying the enumerated powers any more than they can create an Amendment that abolishes the 13th Amendment or the 19th Amendment and substitutes alternative Amendments that legalize slavery or denies suffrage. The judiciary and Executive are similarly restricted. Any attempt to do otherwise diminishes the significance of the document and creates contempt and disrespect for what was designed to be a revered and respected instrument for governance based upon law and order which promotes a general welfare that protects natural rights, liberty and freedom.
The solution to an assault on the natural liberty of a free people and their enumerated natural rights, resistant to the remedial democracy of the ballot, has already been designed. When the Constitutional firewalls have been breeched and the document becomes unrecognizable from its original intention then the prescribed remedies have already been written within an earlier document. It was only used once with the idea that it would not be needed again. The Declaration of Independence still stands as the premier statement as to what a free people needed to do to secure liberty for themselves and their posterity. It would be an absolute tragedy if we had to look at those same ideas in any other way than the historical significance they represent. I suspect the coming elections will make all the difference.
Gitmo detainees should be transfered to IL penitentiary!
If they’d move that Pen 25 miles south of Gitmo, I’d agree.
They can be transfered to a special detention facility within the UN under the guise of internationalism. There are limitless egalitarian possibilities within this solution; the least of which is the fact that the US saves 40% of the detention costs. The other 60% that we pay may finally be perceived as having some useful value.