Eine Kleine Nichtmusik

Witty and pertinent observations on matters of great significance OR Incoherent jottings on total irrelevancies OR Something else altogether OR All of the above

Saturday, June 14, 2008

And McCain would have gotten away with plugging all those terrorists' dicks into the mains if it weren't for that pesky US Constitution

Good news for America's political prisoners (aka "unlawful enemy combatants" in Bushspeak). The US Supreme Court has ruled that they have the constitutional right to challenge their detention in civilian courts. The 2005 Detainee Treatment Act (sponsored by John McCain) prevented the torture of detainees but left it up to the military to decide what counted as torture, and rendered evidence extracted by torture admissible in courts. Some protection. Meanwhile it removed the right of detainees to petition for habeas corpus, thus ensuring that if by some amazing freak circumstance they were to be tortured (in spite of Sen. McCain's best efforts and all that) they had no way to complain about it.

Well, not any more. In Boumediene v. Bush the SCOTUS declared that the right to habeas corpus could only be suspended by Congress in cases of rebellion or invasion. In other words, McCain could stick his torturers' charter where the sun don't shine.

However, let's just remember that the case was won by 5 votes to 4. Daily Kos points out what that means here.

And Senator Lindsey Graham is planning to change the Constitution (crafted, after all, by a bunch of liberals like Jefferson) so as to evade the decision. God knows what he has in mind: abolition of the Supreme Court, probably. after all, this is the same Lindsey Graham you can read about in the link on the Detainee Treatment act above, who tried to persuade the Supreme Court that it had no jurisdiction in Hamdan v. Rumsfeld by citing sections of the Congressional debate which appear to have been faked with the sole intent of misleading the court. Even Justice Scalia, Bush's hawk-in-chief on SCOTUS, took a very dim view of that. So off with his head! Off with all their heads! Checks and balances are for bankers!

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