As I pointed out last week, and as legal scholar John Yoo did earlier this week in The Wall Street Journal, the â€œBoumediene Fiveâ€ have done our nation and our Constitution no great service. But beyond the rhetoric, we really need to understand the real world impact of this ruling on the war we are waging against our enemies.
Fred Thompson on Boumediene. He doesn’t like it.
I don’t either. It makes new law, but the new law it makes is not good law, either in a (most important) a constitutional context, a historical context, or in the context of US defense against Islamofascism. Bluntly, we are not fighting criminals, we are fighting enemies.