In Texas, Judges Waive Bail for the Indigent, Distorting the Constitution
The Fifth Circuit Court of Appeals has wrongly decided that judges can waive bail for indigent arrestees.
Another Anti-Terror Reversal: Military Trial for KSM
The Obama administration’s announcement that Khalid Sheikh Mohammed and several other al-Qaeda operatives involved in planning the 9/11 attacks will be tried by military commission marks another step in the ...
In Libya, No Declaration of War Required
Whether Obama has the constitutional authority to enforce a no-fly zone in Libya without congressional approval is not a difficult call. As commander in chief, the president has broad power ...
Enemy Combatants or Criminal Defendants?
Writing in the New York Times, Michael Kinsley defends treating Umar Farouk Abdulmutallab (the al-Qaeda operative who recently tried to blow up an airliner over Detroit) as a criminal defendant ...
Wrong about Past and Present
President Obama’s Nobel Peace Prize speech was disappointing on several key issues. At the most fundamental level, it distorted history and misstated the nature of the enemy we face in ...
Detainees Won’t Come Here
The Washington Post says that the president has given up on moving detainees into U.S., except for trial. Not sure where they will then be housed.
Is this a loss for ...
Can We End Piracy?
The seizure of Maersk Alabama is but the latest episode in a tremendous contemporary upsurge in piracy. While pirate activities are certainly rampant off the Somali coast, pirates have ...
A Key Tool Salvaged?
The National Security Agency’s (NSA) “terrorist surveillance program” (TSP) has been the center of controversy since the New York Times revealed its existence in late 2005. Under the TSP, President ...
An Unnecessary Investigation
I. Lewis “Scooter” Libby’s trial opened Tuesday in Washington, D.C., with sensational and dramatically differing accounts by prosecution and defense lawyers. At issue is what actually happened in the White ...
Why We’re There
EDITOR’S NOTE: This piece appears in the December 31, 2005, issue of National Review.
The Bush administration has remained largely on the defensive in the escalating war of words over the ...