Friday, June 13, 2008

No Security For You

A contribution from me for Attackerman on the SCOTUS habeas corpus opinion:

The Supreme Court of the United States has granted the right of habeas corpus in Federal Court to Guantanamo detainees.  Finally.

Justices Anthony Kennedy and Antonin Scalia each read snippets from their own opinions.  Justice Kennedy said: 

"Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law… the political branches [may not] switch the Constitution on or off at will."

Justice Scalia, hoisting the mantle of fearmongering,

[W]arned that some detainees will be freed and return to war against America: "The nation will live to regret what the court has done today."

No.  If the government believes the detainees to be guilty of nefarious acts against the United States, then the government needs to get on their motherfrakking job and MAKE THE CASE against any habeas corpus petitions, in accordance with the law and in accordance with the Constitution.  Why is this so hard to understand?

Justice Scalia boogedy-boogedys the argument that detainees may return to war against America.  No doubt.  Given the inequitable circumstances presented them by our government, behavior otherwise would be the surprise.  However, their way to salvation is theirs alone and has little to no bearing in how we, as a nation, chose to honor our ideals.

The point may be true that because of this government’s course in dealing with suspected terrorists we have not had an attack since 9/11.  But what has been lost in the equation seems dear, much more precious than just living safely.  That is, living safely with all that the country was founded on operative and intact for all, because if this can be done to these detainees, then what guarantees that given provocation that only the government is aware of, it cannot be done to any American.

That’s not security.  That’s governmental subordination.  Isn’t the government subordinate to its citizens, not the other way around?

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