The more you learn about Judge Roberts, the better he looks.

Ed Morrissey at Captain’s Quarters has a fascinating post–as a result of his study of some of the Roberts files from the Reagan era made available last week. The specific materials in question deal with Roberts on the laws of war. The most interesting relate to the 1977 Protocol I to the Geneva Conventions.

We’ve talked about Protocol I a lot at NRO. I’ve addressed it here and here, for example, and the nonpareil team of David Rivkin and Lee Casey has written extensively on it (see, e.g., here and here). It grew out of the fashion of the times (i.e., the 70s and early 80s), which was, insanely, to try to extend the protections the Geneva Conventions provide for privileged combatants (precisely because they conduct war in a civilized manner) to insurgencies and terrorist organizations (even though they conduct themselves as barbarians, in total disregard of the civilizing aims of Geneva). To its great credit, the Reagan administration refused to be pressured into signing on to a treaty that would imperil American national security–ignoring protests that it was arrogant and, of course, “unilateralist.” Unlike virtually all of our European and NATO allies, the U.S. rejected Protocol I.

Well it turns out that Judge Roberts was smack in the middle of this history, which–20 years later–is once again so relevant.

Morrissey reports that the materials just made available contain a brief memo, dated May 8, 1985, in which Roberts appears to support (by lodging no objections) the position of the uniform military that the Protocols should be rejected because they “would treat many terrorist organizations as if they were countries engaged in war, legitimizing their activities and offering them protections and courtesies that should not be extended to common criminals.”

And–talk about history repeating itself–there is a subsequent July 1985 memo in which, as described by Morrissey, Roberts, upon briefly reviewing the earlier memo and the Joint Chiefs’ argument, observes “that the State Dept. wanted the Protocols ratified to show that the Reagan administration took a less unilateral approach to foreign policy.” Happily, President Reagan took a more unilateral approach.

My only quarrel with Captain Ed’s otherwise superb report and analysis stems from his suggestion that Senate Democrats are likely use these memos in an effort to tie Roberts to the Gitmo detentions. Only a handful of Democrats, representing the hard Left, actually believes the terrorists trying to kill us all should be treated as if they were honorable soldiers and given Geneva Convention protections. Guantanamo Bay may offend Jimmy Carter, but it does not offend most sensible Democrats. More to the point, regarding savages as unlawful combatants and subjecting them to humane confinement is not the least bit offensive to the vast majority of Americans. We should welcome a fight over Gitmo if the Left is foolish enough to want one.