March 27, 2006

ONE SUSPECTS THE GERMANS KNOW WE DIDN'T GIVE POWS TRIALS IN WWII:

Scalia: Foreign detainees have no U.S. rights (AP, March 27, 2006)

Justice Antonin Scalia reportedly told an overseas audience this month that the U.S. Constitution does not protect foreigners held at America's military prison in Guantanamo Bay, Cuba. [...]

''War is war, and it has never been the case that when you captured a combatant, you have to give them a jury trial in your civil courts,'' Newsweek quoted Scalia as saying in the speech. ''Give me a break.''

Posted by Orrin Judd at March 27, 2006 9:17 AM
Comments

Scalia's already been under the media microscope -- witness his hunting trip with Dick Cheney, let alone his musings in the thread down below -- but he does have to realize that with the Alito-for-O'conner swap, everything he, Thomas, Roberts and Alito say and do is going to be scrutinized even more closely by the big meda outlets and Democrats, in an effort to force a public firestorm and subsequent recusal on key issues (the same outlets didn't care a whit about creating a firestorm over Justice Ginsberg's pronouncements on the influence of foreign law on the Constitution, but that's just going to be the conditions the other Justices have to learn will be the norm in the public arena for a long time to come).

Posted by: John at March 27, 2006 10:51 AM

"But fret not," Scalia continued, "American combatants will continue to enjoy full protection under Sharia."

Posted by: Rick at March 27, 2006 11:21 AM

I doubt very much that Justice Scalia told anybody the the Constitution does not protect any person held under American power.

War criminals, what we are now calling "unlawful combatants," have certain rights under the customary usages of war, as well as under various conventions and our own laws and regulations.

Once they are in custody, we do not simply shoot them out of hand, as if we were Communists or cut their throats as if we were Muslim terrorists. They get a due process determination of their war criminal status and they get a trial before a military commission to determine their guilt

It is only that they do not have the same procedural rights as a domestic criminal defendant. None of this is new. It is quite well grounded in the ways we handled war criminals during and after Would War II.

Now that a system of due process has been legislatively set up to deal with war criminals there is no need for Article III courts to be involved in the process.

Posted by: Lou Gots at March 27, 2006 2:23 PM

John;

That's a risky strategy for the chatterati -- suppose they organize a lynch mob and turn out to be the victims instead of Scalia?

Posted by: Annoying Old Guy at March 27, 2006 3:09 PM
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