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| What the Hamdan ruling says--and what it doesn't say. |
| 2006-07-03 |
| by David Rivkin Jr. and Lee Casey, Wall Street Journal A useful antidote to some of the MSM spin and gloating we've been hearing. The Supreme Court's decision in Hamdan v. Rumsfeld, invalidating for now the use of military commissions to try al Qaeda and associated detainees, may be a setback for U.S. policy in the war on terror. But it is a setback with a sterling silver lining. All eight of the justices participating in this case agreed that military commissions are a legitimate part of the American legal tradition that can, in appropriate circumstances, be used to try and punish individuals captured in the war on terror. Moreover, nothing in the decision suggests that the detention facility at Guantanamo Bay must, or should, be closed. |
| Posted by:Mike |