I am also reviewing the Supreme Court’s decison and am disappointed in your over reaction to it. The one tweak that may be needed to satisfy the Court is to allow the review to be a habeas review.
I thought that the procedures were generous and sufficient, but that does not equate to constitutional and in keeping with the habeas statute.
I certainly don’t think you should make a statement like the one you have until you have completely finished reviewing the decision. I am a bit concerned about your constant warring with the Court.
In my reading so far I see nothing that says that they would have a right to sue. However, if the Court did have full review and found that an individual was wrongly detained; especially because of the length of time involved that justice ought to be rendered even if it meant a lawsuit against our government for improper detention.
A portion of this problem is the legislature’s fault because they did not act and set guidelines for capture, detention, and trial at the outset. Now you are finding out that you have to deal with many court decisions that you don’t like because of not getting your colleagues to move sooner on this issue.
I am sure that if you look carefully that there is a way that you can comply with this decision and not harm the military. You need to retreat from the political sphere with your law books and the case document and study it carefully. It is also wise to seek the counsel of other attorneys and have an open discussion. This cannot be done in the political sphere because when attempt this sort of thorough analysis in the hot political sphere you end up not making a wise conclusion like the promise that you will support overturning this decision.
It is the job of lawyers and congress to figure out how to comply with the edict of the case and not compromise security. There has to be a way and you need to find it.
No comments:
Post a Comment