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June 13, 2008

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He’s a maverick all right. He scares the hell out of me.

So Boumedienne is right up there with Plessy, Korematsu and Dred Scott huh? Glad to know where his priorities are.

It is breathtaking.

Although maybe he just doesn't know many decisions...

(*ducks*)

Korematsu? Um, does he KNOW that case? Or is he just throwing it around just to impress people? 'Cause Korematsu was decided in favor of the government because the courts essentially deferred to the government's judgement....the exact opposite as they did here....

I don't think he mentioned Korematsu by name, gwangung.

I would hope this would finally get reporters to realize that yes, there are dramatic differences between McCain and Obama on detainee issues, even if McCain claims he wants to close Guantanamo. Hell, Bush says he wants to close Guantanamo. If McCain is so opposed to legal rights for prisoners--what exactly was he intending to do with them after closing Guantanamo? Move them to the U.S., where habeas clearly applies to citizens and non-citizens alike? Send them all to a legal black hole in Bagram? Pass some administrative detention law? What?

As far as the Geneva Conventions applying: the only reason that all detainees--including captives in Afghanistan & accused Al Qaeda suspects--are now protected by Geneva is the Supreme Court's ruling in Hamdan, a ruling that McCain, Graham, & Lieberman tried to prevent from ever occuring with their opposition to habeas. And, of course, then McCain signed on to gut Common Article 3 for prisoners in non-military custody.

"We are now going to have the courts flooded with so-called, quote, Habeas Corpus suits against the government..."

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Incertus, don't forget Bush v. Gore in the Supreme Court Hall of Shame.

John,
Bush v Gore would certainly be up there in my list of worst cases ever, but I don't know that it would make it in McCain's. I'd certainly understand if it didn't, given McCain's general lack of intellectual honesty.

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