From last night’s Special Report with Brit Hume:
—On Detainees—
HUME: [A] Court of Appeals decision reached today . . . found that enemy combatants detained at Guantanamo Bay, and perhaps elsewhere, no longer have the ability to sue, as Americans can . . . in U.S. courts to challenge their detention.
FRED BARNES: I mean, this isn’t threatening anybody’s liberties in the United States or constitutional rights, at all. It applies only to these people captured in wartime who are at Guantanamo, who have never lived in the United States or own property here and so they don’t have a right. . . . [T]hey’re not American citizens and they’re not on American property. This was a very, I think, a very simple ruling were habeas corpus didn’t apply. . . .
[T]hose seized in warfare have never had the opportunity to appeal anything . . . Japanese soldiers who are captured and held here were not, Germans were not, even when they were held on American soil. I mean, there were a lot of prisons here during World War II, they weren’t allowed to appeal. So, it would be utterly unprecedented for these detainees to be able to use habeas corpus. I think they’re getting a heck of a break just being able to appeal these military commissions.
—On Murtha’s Iraq Legislation—
BILL SAMMON: The other thing is his plan to put these restrictions on troop deployments and so forth is essentially micromanaging the war and is a constitutional power grab. That is up to the commander in chief, the Congress has the power of the purse, they can cut off funding or they can fund it, or they can partially fund it, but they cannot micromanage the war. The actual execution and prosecution of the war is up to the commander in chief.
We hear all this talk about Bush, you know, grabbing power from the legislative branch, well, this is the legislative branch trying to grab the legitimate constitutional power from the executive branch.






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