McCain Takes Gitmo Ruling Personally
John McCain, the presumptive Republican nominee, told a crowd of supporters in New Jersey Friday that the Supreme Court's latest Guantanamo Bay ruling is "one of the worst decisions in the history of this country."
Why would the normally stoic senator become so hyperbolic about a ruling that, at its essence, strengthens the vitality of the "Great Writ" of habeas corpus - a bedrock constitutional right?
There are several reasons. As a political matter, McCain clearly understands that in his quest to enchant the hard-right wing of the Grand Old Party, he must rail upon the Supreme Court whenever it happens to disagree with the Bush Administration on legal aspects of the war on terrorism.
This is why, just a few weeks ago, McCain delivered a speech that hammered the federal judiciary, sweeping away any lingering notion that he intends to govern as a moderate on legal policy and priorities.
So, whether or not McCain really believes what he says, it is good politics (read: inaccurate and unfair) to declare that the Court just sided with the terrorists over the President when five Justices ruled that the terror suspects detained in Cuba may challenge their detentions in our civilian courts.
And it is good politics to warn of the detainees clogging those courts with frivolous lawsuits - like current domestic prisoners do - even though the suspects so far only have sought to have some sort of objective, neutral fact-finder evaluate the government's classification of them as "enemy combatants."
The main reason for McCain's strong language, however, is as personal as political.
Following the last Supreme Court ruling on this topic, which also struck down stubborn Administration detainee policies, the Senator (a Vietnam torture victim himself) invested no small amount of his own treasured (and well-earned) historical capital to try to broker a deal on the detainees.
And, in late 2006, he did.
It's called the Military Commissions Act. It was a terrible idea from the very beginning, and it was one of two federal statutes undercut by the Justices last Thursday. It's no wonder the nominee is taking the defeat personally.
After first insisting that federal law clearly and unambiguously outlaw "torture," McCain suddenly caved to White House pressure on the MCA, allowing the Administration to insert into the law a clause that effectively allows (and, indeed, legally buttresses the efforts of) the executive branch to implement torture as a means of interrogation.
Without McCain's pander, there would have been no bad law for the Court to strike down last week. Without McCain's grandiloquent appeal to Democrats and moderates during that lame-duck session, there quite possibly might have been a better law that just might have passed its constitutional test this term.
McCain's sell-out on the torture language is not the reason the Justices declared the MCA unconstitutional. It is not the reason why the detainees now have more access to federal courts than they did before. But it is emblematic of the larger and much more destructive, seven-year-long sell-out of the legislative branch in the legal fight against terrorism.
And that emblem, thanks to the Supreme Court, now has John McCain's face on it just in time for the run-up to the general election.
This is not necessarily fair. It's not just John McCain who failed or refused to do the right thing. Last week's ruling was the fourth defeat in a row for the Administration at the Supreme Court. And on the past three occasions the Congress has responded not by embracing the hints and clues left by the Court's majorities - by, say, brokering a desperately-needed deal between executive and judicial branches over a terror law policy - but by siding with the White House.
McCain and other so-called "moderates" have had the power for years to avoid these Supreme Court showdowns and show-ups. They just haven't had the political courage to exercise that power.
All of which means the Supreme Court isn't the only reason why the terror detainees remain in legal limbo. The White House is to blame for pushing beyond the legal limits of executive power. And the Congress is to blame for allowing it to happen despite entreaties by the judiciary for help.
If I were a good man like McCain, I'd be embarrassed by this. And perhaps he is. And perhaps that embarrassment is expressing itself in anger instead of consideration. In any case, it's misguided.
Contrary to the angry candidate's remarks, last week's Boumediene ruling is not on a par with the Court's 1857 Dred Scott decision that tagged slaves as "property;" its 1896 Plessy v. Ferguson decision that endorsed the "separate but equal" doctrine; or its Korematsu v. United States decision that affirmed the detention of Japanese-Americans during World War II.
In fact, the recent ruling on detainee rights will be revered, not reviled, by future generations, who will study the first decade following the terror attacks on America with a curious mix of regret and sadness about lost opportunities, legal and otherwise, that hampered our collective response.
Copyright 2009 CBS. All rights reserved. Why would the normally stoic senator become so hyperbolic about a ruling that, at its essence, strengthens the vitality of the "Great Writ" of habeas corpus - a bedrock constitutional right?
There are several reasons. As a political matter, McCain clearly understands that in his quest to enchant the hard-right wing of the Grand Old Party, he must rail upon the Supreme Court whenever it happens to disagree with the Bush Administration on legal aspects of the war on terrorism.
This is why, just a few weeks ago, McCain delivered a speech that hammered the federal judiciary, sweeping away any lingering notion that he intends to govern as a moderate on legal policy and priorities.
So, whether or not McCain really believes what he says, it is good politics (read: inaccurate and unfair) to declare that the Court just sided with the terrorists over the President when five Justices ruled that the terror suspects detained in Cuba may challenge their detentions in our civilian courts.
And it is good politics to warn of the detainees clogging those courts with frivolous lawsuits - like current domestic prisoners do - even though the suspects so far only have sought to have some sort of objective, neutral fact-finder evaluate the government's classification of them as "enemy combatants."
The main reason for McCain's strong language, however, is as personal as political.
Following the last Supreme Court ruling on this topic, which also struck down stubborn Administration detainee policies, the Senator (a Vietnam torture victim himself) invested no small amount of his own treasured (and well-earned) historical capital to try to broker a deal on the detainees.
And, in late 2006, he did.
It's called the Military Commissions Act. It was a terrible idea from the very beginning, and it was one of two federal statutes undercut by the Justices last Thursday. It's no wonder the nominee is taking the defeat personally.
After first insisting that federal law clearly and unambiguously outlaw "torture," McCain suddenly caved to White House pressure on the MCA, allowing the Administration to insert into the law a clause that effectively allows (and, indeed, legally buttresses the efforts of) the executive branch to implement torture as a means of interrogation.
Without McCain's pander, there would have been no bad law for the Court to strike down last week. Without McCain's grandiloquent appeal to Democrats and moderates during that lame-duck session, there quite possibly might have been a better law that just might have passed its constitutional test this term.
McCain's sell-out on the torture language is not the reason the Justices declared the MCA unconstitutional. It is not the reason why the detainees now have more access to federal courts than they did before. But it is emblematic of the larger and much more destructive, seven-year-long sell-out of the legislative branch in the legal fight against terrorism.
And that emblem, thanks to the Supreme Court, now has John McCain's face on it just in time for the run-up to the general election.
This is not necessarily fair. It's not just John McCain who failed or refused to do the right thing. Last week's ruling was the fourth defeat in a row for the Administration at the Supreme Court. And on the past three occasions the Congress has responded not by embracing the hints and clues left by the Court's majorities - by, say, brokering a desperately-needed deal between executive and judicial branches over a terror law policy - but by siding with the White House.
McCain and other so-called "moderates" have had the power for years to avoid these Supreme Court showdowns and show-ups. They just haven't had the political courage to exercise that power.
All of which means the Supreme Court isn't the only reason why the terror detainees remain in legal limbo. The White House is to blame for pushing beyond the legal limits of executive power. And the Congress is to blame for allowing it to happen despite entreaties by the judiciary for help.
If I were a good man like McCain, I'd be embarrassed by this. And perhaps he is. And perhaps that embarrassment is expressing itself in anger instead of consideration. In any case, it's misguided.
Contrary to the angry candidate's remarks, last week's Boumediene ruling is not on a par with the Court's 1857 Dred Scott decision that tagged slaves as "property;" its 1896 Plessy v. Ferguson decision that endorsed the "separate but equal" doctrine; or its Korematsu v. United States decision that affirmed the detention of Japanese-Americans during World War II.
In fact, the recent ruling on detainee rights will be revered, not reviled, by future generations, who will study the first decade following the terror attacks on America with a curious mix of regret and sadness about lost opportunities, legal and otherwise, that hampered our collective response.
And what is your service to America, or do you just take rather then give anything. I think you are a selfish taker. McCain has earned his rights, you were simply given them, and therefore as a little selfish individual will criticise those that provided your rights. You are scum.
Posted by msgtsteve at 04:08 PM : Jun 16, 2008
No one provides me or anyone our rights, Dipshit.
McCain has been at the Federal trough for 71 years - from birth to present he has been taken care of by the US taxpayer. Check out McCain and the USS Forrestal fire.
I served USN 68-72
Posted by msgtsteve at 04:04 PM : Jun 16, 2008
You believe. How about proof? Okay, as long as we''re clear it is all just belief, it only exists in your mind, not in the real world.
Posted by msgtsteve at 04:28 PM : Jun 16, 2008
A third of this country are pedophiles! That''s a gem.
http://www.dailymail.co.uk/femail/article-1024927/The-wife-John-McCain-callously-left-behind.html
f they are good workmen, they may be from Asia, Africa or Europe; they may be Mahometans, Jews, Christians of any sect, or they may be Atheists.... [George Washington, to Tench Tighman, March 24, 1784, when asked what type of workman to get for Mount Vernon, from The Washington papers edited by Saul Padover]
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I guess those Republicans in Congress must be real liberals. They were in complete control of Congress 2001-2007. The budget escalated by over 50% during that period. Taxes were cut (and still haven''t been raised again), and we went from a $3 trillion national debt to almost $12 trillion. Real conservative, that.
But don''t worry--they''re not giving your grandchildren''s money to illegal aliens. $600 billion/yr for war and the military, $40 billion/yr for social programs (including veterans benefits, which I''m sure you oppose).
Try reading sometime. Actual facts are good reading!
www.cbo.gov
www.treasury.gov
"The appropriation of funds of the United States for the use and support of religious societies, [is] contrary to the article of the Constitution which declares that ''Congress shall make no law respecting a religious establishment''" (James Madison, Veto, 1811)
"It is now no more that toleration is spoken of as if it was by the indulgence of one class of the people that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that those who live under its protection should demean themselves as good citizens in giving it, on all occasions, their effectual support." (George Washington, letter to the Touro Synagogue 1790. )
"As to religion, I hold it to be the indispensable duty of government to protect all conscientious protesters thereof, and I know of no other business government has to do therewith." (Thomas Paine, the Rights of Man)
There''s more where that came from. All cited, so you can go read the texts of the originals. They don''t seem to have been a bunch of theocrats, after all.
If US military bases are not US sovereign territory, then John McCain is not eligible to run for President.
He was born on a US military base outside the US.
If US military bases are not US sovereign territory, then John McCain is not eligible to run for President.
He was born on a US military base outside the US.
Posted by gkc99
Actually, it is believed that did happen in a few cases - with both China and the Soviet Union."--Posted by Rafterman1
But they missed McCain.
Posted by gkc99 at 08:19 AM : Jun 16, 2008
And that is why he is a HERO ??