Friday, February 12, 2010

Holder, the Ideologue? Or Idiot?

Was it Holder's ideology that governed 'his' decision about UndieBomber?


Contrary to what the White House homeland security adviser and the attorney general have suggested, if not said outright, not only was there no authority or policy in place under the Bush administration requiring that all those detained in the United States be treated as criminal defendants, but relevant authority was and is the opposite. The Supreme Court held in Hamdi v. Rumsfeld that "indefinite detention for the purpose of interrogation is not authorized" but also said in the same case that detention for the purpose of neutralizing an unlawful enemy combatant is permissible and that the only right of such a combatant -- even if he is a citizen, and Abdulmutallab is not -- is to challenge his classification as such a combatant in a habeas corpus proceeding. This does not include the right to remain silent or the right to a lawyer, but only such legal assistance as may be necessary to file a habeas corpus petition within a reasonable time. That was the basis for my ruling in Padilla v. Rumsfeld that, as a convenience to the court and not for any constitutionally based reason, he had to consult with a lawyer for the limited purpose of filing a habeas petition, but that interrogation need not stop.

There is another possibility for Holder: he could be a complete idiot, never having bothered to READ prior A.G. directives in these matters.

HT: powerline


krshorewood said...

Gee dad, funny that out of something like 200 defendants, only three were tried in military tribunals and out of that, two eventually. Your tribe going to keep working this BS.

Oh yeah forgot. FFacts.

Dad29 said...

Fact: the terrorist is NOT a US citizen. He doesn't deserve a civil trial, period.

Fact: the terrorist attempted an attack on US citizens on US shores. That makes him subject to military tribunal, not District Court.

Fact: most normal US citizens don't give a flying f&^% about "rights" for scum who tried to blow up 300 people in a sealed tube for Allah. He'll get more rights than he deserves in a tribunal, anyway.

Those facts, KR?