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War and “Rights”


I believe one day we will regret the conference of a growing list of due process rights on the enemy and access to civilian courts the same way we now regret the wall of separation and the Church Committee. The purpose of detention is security, not punishment. Security also trumps criticism from Europe, the UN or Human Rights Watch. The Supreme Court in Rasul opened this can of worms. Now, Congress is in on the act. In my view, the judicial and legislative branches are succeeding in making it more difficult for the commander-in-chief to successfully wage war and defend the homeland. And why this radical change from past wars? I honestly don’t know. This war has been waged more “humanely” than any major war in our history.


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