McCain Takes Gitmo Ruling Personally
Why Does GOP Candidate Scorn Supreme Court's Affirmation Of Right Of Habeus Corpus?
Andrew Cohen
June 15, 2008
(CBS) John McCain, the presumptive Republican nominee, told a crowd of supporters in New Jersey Friday that the Supreme Court’s latest Guantanamo Bay ruling is “one of the worst decisions in the history of this country.”
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The main reason for McCain’s strong language, however, is as personal as political.
Following the last Supreme Court ruling on this topic, which also struck down stubborn Administration detainee policies, the Senator (a Vietnam torture victim himself) invested no small amount of his own treasured (and well-earned) historical capital to try to broker a deal on the detainees.
And, in late 2006, he did.
It’s called the Military Commissions Act. It was a terrible idea from the very beginning, and it was one of two federal statutes undercut by the Justices last Thursday. It’s no wonder the nominee is taking the defeat personally.After first insisting that federal law clearly and unambiguously outlaw “torture,”
McCain suddenly caved to White House pressure on the MCA, allowing the Administration to insert into the law a clause that effectively allows (and, indeed, legally buttresses the efforts of) the executive branch to implement torture as a means of interrogation.Without McCain’s pander, there would have been no bad law for the Court to strike down last week. Without McCain’s grandiloquent appeal to Democrats and moderates during that lame-duck session, there quite possibly might have been a better law that just might have passed its constitutional test this term.
McCain’s sell-out on the torture language is not the reason the Justices declared the MCA unconstitutional. It is not the reason why the detainees now have more access to federal courts than they did before. But it is emblematic of the larger and much more destructive, seven-year-long sell-out of the legislative branch in the legal fight against terrorism.
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http://www.cbsnews.com/stories/2008/06/15/opinion/courtwatch/main4181781.shtml