Bench Memos

A Victory for the Laws of War

An editorial in today’s Wall Street Journal (subscriber-only) notes a little-noticed story from earlier this week–a military appeals court’s reversal of an erroneous ruling made in June regarding the determination of unlawful enemy combatant status of detainees at Guantanamo, preliminary to their facing trial in military commissions.  As the Journal’s editors write, “in the media’s current terror narrative, it’s only worth celebrating when the Bush Administration’s judicial rules are overturned. When they’re upheld, almost nobody notices . . .”

Here’s a DoD press release with the details of the good news.

Matthew J. Franck is retired from Princeton University, where he was a lecturer in Politics and associate director of the James Madison Program in American Ideals and Institutions. He is also a senior fellow of the Witherspoon Institute, a contributing editor of Public Discourse, and professor emeritus of political science at Radford University.
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